Motion Practice

All pleadings, notices and other papers shall be served and filed in accordance with the Federal Rules of Bankruptcy Procedure and the Local Rules for the Western District of New York.

Except as otherwise provided by Rule or ordered by the Court, Notices of Motion along with supporting affidavits and memoranda shall be served on the parties and filed electronically within CM/ECF at least ten (10) days prior to the hearing date of the motion. Discretionary responses to motions (those not required by order) shall be electronically filed and served upon the adverse party or parties as soon as possible.

An original Certificate of Service should be filed with the Notice of Motion and/or Motion documents. The Notice of Motion should be served on all appropriate parties.

Motions shall be filed in CM/ECF as follows: the Notice of Motion and Motion shall be filed as the main document; all other documents (exhibits, affidavits, certificates of service) shall be filed as attachments to the main document.

Chambers copies of all motion papers must be submitted to the court not more than two days following the filing of the motion in CM/ECF. This includes discretionary responses to motions.

The Bankruptcy Fee Schedule should be consulted to determine if a fee is required.

Adjournment Policy

Motions may be adjourned only with consent of all appropriate parties. A letter confirming the adjournment must be filed with the Court before the original hearing date of motion.

Hearings noticed to all creditors and parties in interest require a Court appearance.

Obtaining a hearing date: Buffalo
• Routine motions are heard every Wednesday at 10:00 a.m.
• Relief from Stay motions are heard every Wednesday at 11:00 a.m.
• All other matters – contact Chris Klimko at (716) 362-3270.

Batavia
• Calendar is generally held the second Tuesday of each month.
• Chapter 13 motions are heard at 2:00 p.m.
• Routine Motions are heard at 2:30 p.m.

Niagara Falls
• Calendar is generally held on the third Thursday of each month.
• Routine motions are heard at 10:00 a.m.
• Chapter 13 motions are heard at 12:00 noon.

You may wish to contact Chris Klimko, secretary to Judge Kaplan, at (716) 362-3270, or the Bankruptcy Clerk’s Office to confirm a hearing date before scheduling your motion, as the above guidelines may vary on occasion.