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Notices

Local Rule Number: 
Rule 2002-1
2000 Series

(A)       By Whom Served.  Unless otherwise provided by these rules or order of the court:

(1)        The proponent of any action in any case or proceeding shall serve notice of the proposed action on all parties to whom notice of the proposed action is mandated by the Bankruptcy Rules or by these rules and on all directly affected parties.  The proponent shall serve notice of any hearing scheduled on the proposed action on the same parties in the manner provided by Local Rule 9073-1 or, if applicable, subdivision (H) of this rule.  The debtor shall ensure that the mailing matrix required by Local Rule 1007-2, includes those parties required to be served pursuant to Bankruptcy Rule 2002(j).

(2)        If the proponent of any action is the U.S. Trustee, or a trustee in a case designated in the §341 or post-conversion meeting notice as a no-asset case, and the rules require service upon all parties of record, the proponent shall prepare the notice and the clerk shall provide the required service.

[Comment: See also Local Rules 2002-1(F) (certificate of service required), 9073-1 (notices of hearing), 9013-1(C) (motions for which no hearing is necessary), and 9076-1 (electronic service).]

(B)       Notices Required to be Served by Clerk or Other Person.  Unless otherwise directed by the court, wherever the Bankruptcy Rules or local rules require that the clerk or some other person as the court may direct shall provide notice pursuant to that rule, the clerk is authorized to designate a trustee, debtor in possession, or other party to provide any notice required to interested parties where the interests of justice and efficiency are served.  The clerk is further authorized to review the form of all such notices to ensure that the notice complies with the requirements of the court and appropriate rules.

(C)       Form, Content, and Manner of Service of Particular Notices.

(1)        Clerk’s Notices of Bankruptcy Case, §341 Meeting or Post-Conversion Meeting, Chapter 13 Confirmation Hearing, Deadlines, and Intended Actions.  The clerk shall prepare and serve the Official Bankruptcy Form 9 Notice of Bankruptcy Case (as modified locally by this court), (and if applicable, the local initial notice of chapter 13 case and filing requirements of debtor) in each new and converted case.

[Comment: The clerk’s notice of bankruptcy case which is mailed to all parties of record pursuant to Local Rule 2002-1(C)(1) shall, on the service copy, contain the complete social security number or individual taxpayer identification number of a debtor, however, the original retained in the court records shall be a redacted copy, containing only the last four digits of the number.  Any party required to serve a copy of this notice on additional parties pursuant to Local Rule 1009-1(D)(2) shall serve a copy containing the complete social security number or other individual taxpayer identification number.]

(2)        Notice of Sale.  The trustee or debtor in possession shall prepare and serve a notice of use, sale or lease of any property as provided by Local Rule 6004-1.

(3)        Notice of Continued or Rescheduled §341 Meeting, Post-Conversion Meeting or Chapter 13 Confirmation Hearing.  The party requesting the rescheduling shall provide notice of any rescheduled §341 meeting, post-conversion meeting, or chapter 13 confirmation hearing, but no written notice shall be necessary for a §341 meeting, post-conversion meeting, or chapter 13 confirmation hearing continued after it begins if the continued date is announced at the meeting or hearing.

[Comment: See also Local Rule 2002-1(C)(8) (notice of continued chapter 11 confirmation hearings).]

(4)        Notices Related to Discharge.  In a chapter 7, 12 or 13 case, the clerk, or the clerk’s designee under subdivision (B), shall provide notice of entry of an order of discharge or an order denying, waiving or revoking discharge by serving the order on all creditors and other parties.  In a chapter 11 case, notice of entry of the discharge, if applicable, shall be provided for non-individual cases in the order confirming plan and for individual cases, in the final decree.  In an individual chapter 7, 12, or 13 case closed without entry of discharge for failure to meet the requirements of Bankruptcy Rule 1007(b)(7) or Local Rule 4004-3(A)(3) or (4), the clerk shall serve notice that the case was closed without entry of a discharge.

[Comment: The discharge, order denying discharge or notice closing case without discharge which is mailed to all parties of record pursuant to Local Rule 2002-1(C)(4) shall, on the service copy, contain the redacted social security or other individual taxpayer identification number of a debtor which will consist of the last four digits of the number.]

(5)        Chapter 13 Plan; Amended Plan.  The clerk, or the trustee if the clerk so designates, shall serve the Local Form “Chapter 13 Plan” filed pursuant to Local Rule 3015-1(B).  The attorney for the debtor or clerk, if the debtor is pro se, shall serve any subsequently filed amended plan or modified plan and any notice of hearing thereon on all affected parties.

[Comment: See Bankruptcy Rule 3015 and Local Rules 3015-1(B) and 3015-2 (form, notice and deadline requirements for chapter 13 plans and amended plans).]

(6)        Notice of Entry of Order Dismissing Case or Order Reinstating Chapter 13 Case.  The clerk, or the clerk’s designee under subdivision (B), shall serve the order of dismissal or order reinstating the case entered in any case on all parties of record.

(7)        Notice of Claims Deadline in Chapter 7 Cases Reopened to Administer Additional Assets or Former No Asset Chapter 7 Cases.  The clerk, or the clerk’s designee under subdivision (B), shall serve any order or notice setting a deadline pursuant to Local Rule 3002-1 for filing claims in a chapter 7 case reopened to administer additional assets or a chapter 7 no asset case where the chapter 7 trustee has filed a “Notice of Assets”.

(8)        Notice of Chapter 11 Disclosure Statement and Confirmation Hearings and Continued Hearings.  The proponent of the chapter 11 plan and disclosure statement shall provide the notice of the order required pursuant to Bankruptcy Rules 2002(b)(1), 2002(b)(2), 2002(d)(5), 2002(d)(6), 2002(d)(7) and 3017, by serving the court orders described in Local Rules 3016-2 or 3017-2.  The party seeking the continuance of any chapter 11 disclosure statement hearing or confirmation hearing shall provide notice of the continued hearing, but no notice shall be necessary for a disclosure statement hearing or confirmation hearing continued after it begins if the continued date is announced at the noticed hearing.

 [Comment: See also Local Rules 3017-1 and 3017-2 (service of disclosure statement, plan, and ballot).]

 (9)        Notice of Fee Applications in Chapter 11 Case.  The proponent of a chapter 11 plan shall serve a list of fee applicants in the form prescribed by Bankruptcy Rule 2002(c)(2), in accordance with Bankruptcy Rule 2002(a)(6) or, if applicable, Local Rule 2002-1(H), at least 14 days before the date of the confirmation hearing or within such other time set by the court.

 [Comment: See also Bankruptcy Rules 2002(a)(6) (service on trustee and all creditors required) and 2002(k) (service on U.S. Trustee required) and Local Rule 2016-1(C)(1) (deadline for filing fee applications).]

 (10)      Notice of Trustee’s Final Report and Applications for Compensation and Setting Deadline for Objections.  In chapter 7 cases in which the amount of net proceeds realized exceeds the amount set forth in Bankruptcy Rule 2002(f)(8), or the amount of any application for compensation exceeds the amount set forth in Bankruptcy Rule 2002(a)(6), the chapter 7 trustee shall provide notice of the trustee’s final report of estate, the court’s intention to approve the fee applications, and the 21 day deadline for objecting to the final report or the fee applications by serving the “Notice of Trustee’s Final Report and Applications for Compensation (NFR),” accompanied by the Local Form “Trustee’s Summary of Requested Fees and Expenses”.

[Comment: See also Bankruptcy Rules 2002(a)(6) and (f)(8) (notice of fee applications and notice of final report) and Local Rules 2016-1(C)(2) (deadline for fee applications) and 3009-1 (trustee’s final report and proposed dividend).]

(11)      Service of Order Confirming Plan.  In a chapter 11 or 12 case, the proponent of the plan shall serve the order confirming plan.  In a chapter 13 case, the clerk, or some other person as the court may direct, shall serve the order confirming plan.  Orders confirming plans shall be served on all parties of record.

 [Comment: See Bankruptcy Rule 3020(c) (notice of entry of confirmation order) and Local Rule 5005-1(G)(2) (service of orders generally).]

(12)      Service of Chapter 13 Local Form “Debtor’s Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object”.  The attorney for the debtor (or clerk of court, if the debtor is pro se) shall serve a copy of the Local Form “Debtor’s Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object” or, if applicable, the Local Form “Debtor’s Certificate of Compliance, Motion for Issuance of Discharge Before Completion of Plan Payments, and Notice of Deadline to Object,” on all parties of record as required under Local Rule 4004-3(A)(3).

☞ 2015 Amendment: Incorporates Interim Local Rule 2001-1(C)(12), adopted by Administrative Order 11-03.

(13)      Service in Chapter 11 or 12 Cases of Local Form “Notice of Deadline to Object to Debtor’s Statement Re: 11 U.S.C. §522(q)(1) Applicability, Payment of Domestic Support Obligations, and [For Chapter 11 Cases Only] Applicability of Financial Management Course and Statement Regarding Eligibility to Receive a Discharge”.  In cases involving an individual debtor, the attorney for the debtor (or clerk of court, if the debtor is pro se) shall serve a copy of the Local Form “Notice of Deadline to Object to Debtor’s Statement Re: 11 U.S.C. §522(q)(1) Applicability, Payment of Domestic Support Obligations, and [For Chapter 11 Cases Only] Applicability of Financial Management Course and Statement Regarding Eligibility to Receive a Discharge” on all parties of record as required under Local Rule 4004-3(A)(4).

(14)      Clerk’s Notice Under 11 U.S.C. §362(l)(4)(B) Advising Debtor and Lessor That Automatic Stay is Not in Effect Under 11 U.S.C. §362(b)(22).  The clerk shall provide the notice required under 11 U.S.C. §362(l)(4)(B), that the stay is not in effect, immediately upon determination that the debtor has not filed either Official Bankruptcy Form “Initial Statement About an Eviction Judgment Against You” containing the certification required under 11 U.S.C. §362(l)(1), or Official Bankruptcy Form “Statement About Payment of an Eviction Judgment Against You” containing the certification required under 11 U.S.C. §362(l)(2).  The notice shall also advise parties that if any funds were deposited under §362(l), the court shall order the clerk to disburse the funds only upon the filing of a motion served on all affected parties.

(D)       Service Matrices Maintained Under CM/ECF.  The types of service lists available in CM/ECF are described in the “Clerk’s Instructions for Preparing, Submitting and Obtaining Service Matrices”.  Verification that a particular party appears accurately on any service matrix, appearance list or claims register is the responsibility of the party providing notice and the party listed.  Omissions of parties on any service list maintained under CM/ECF due to failure by the debtor or other responsible party to provide the clerk with supplemental matrices, or where applicable, notices of change of address, shall be the responsibility of that party to correct.  Determination as to the appropriate parties to serve shall be the responsibility of the party providing service.

(E)        Multi-paged Notices.  Multiple page one-sided papers may be condensed to two-sided papers for noticing purposes, but the first page of a paper may not be printed on the reverse side of a separate paper, except by the clerk.

(F)        “Certificate of Service” Substantially Conforming to Local Form Required.  A party who provides notice of any requested relief, proposed action or other service pursuant to the Bankruptcy Rules, these rules, or by order of the court, shall file with the court, within two business days after service, a certificate of service substantially conforming to the Local Form “Certificate of Service”, that shall list the names and addresses and date and manner of service of all parties required to be served. The “Notice of Electronic Filing” (NEF) is not a substitute for the filing of a separate certificate of service but may be incorporated by reference in the certificate of service for the purpose of identifying those parties who were served electronically, even if, by such incorporation, the result is inclusion in the certificate of service of some case participants who received electronic service but were not required to be served.  The certificate of service must reflect that non-registered users or registered users who have yet to appear electronically in a specific case were served by conventional paper or other manner of service required under the federal rules and this court’s local rules. Papers previously filed with the court that are the subject of the certificate of service shall be referenced as provided under Local Rule 9004-1(D) and not attached to the certificate of service filed with the court.  A certificate of service conforming with this local rule may be incorporated into a motion, application or other paper filed with the court.

[Comment: See also Bankruptcy Rule 2002 and Local Rules 5005-1(G) (service of orders), and 9013-1(B) (service of motions).]

(G)       Changes of Address.  Parties seeking to change their own U.S. Mail address in cases and proceedings in this court must file a signed Notice of Change of Address in each case or proceeding in which the change is to be effected. Parties registered directly with the BNC to receive notices under the EBN program must also notify the BNC directly of any changes in service information. Debtors registered directly with the clerk under the DeBN program must also notify the court directly of a change in the email service address by filing with the clerk an updated Local Form “Debtor’s Request to Receive Notices Electronically Under DeBN Program”.

[Comment: See Local Rule 9036-1(C). Debtor Electronic Bankruptcy Noticing (DeBN).]

☞ 2016 Amendment: Local Rule 2002-1 has been amended to reflect adoption of Interim Local Rule 2002-1(G) by Administrative Order 2016-04.

(H)       Designation of “Master Service List” in Chapter 11 Cases.

(1)        In a chapter 11 case having more than 75 parties of record, a party responsible for service may, at the server’s option and in lieu of service on all parties of record, or must, if the court or these rules direct, serve the following parties:

(a)        The U.S. Trustee;

(b)       The debtor;

(c)        The debtor’s attorney;

(d)       Any indenture trustees;

(e)        The members of and attorneys to any official committee established pursuant to 11 U.S.C. §1102, and, before such appointment, the creditors shown on the list required by Bankruptcy Rule 1007(d);

(f)        Creditors holding claims known to be secured by property in which the estate has an interest;

(g)        The United States and its agencies as required by Bankruptcy Rule 2002(j);

(h)       Those parties and attorneys who have formally requested notice by filing with the court and serving upon debtor’s attorney a notice of appearance or request for service of notices and papers in the case;

(i)         Any examiner or trustee (and their attorneys) appointed in the case; and

(j)         Any parties and entities (including local governmental units) previously known to the debtor to have a particularized interest in the subject of the notice(s) required to be served.

A certificate of service must be filed pursuant to subdivision (F) of this Rule.

(2)        The names and addresses for the parties listed in subdivision (H)(1), shall constitute the “Master Service List” in each case.  This list shall be maintained by the debtor’s attorney, or if applicable, by the chapter 11 trustee’s attorney, who shall update the list no less than once each month, by adding or modifying the names and addresses of those parties listed in subdivision (H)(1) during the previous month.  An updated “Master Service List” shall be filed with the clerk and a copy served upon all parties listed.  In addition, if a party added to, or modified on, the “Master Service List” is a creditor, the debtor’s attorney or, if applicable, the chapter 11 trustee, shall file amended schedules in accordance with Bankruptcy Rule 1009 and Local Rule 1009-1.  If the added or modified party is not a creditor, the debtor’s attorney, or if applicable, the chapter 11 trustee, shall advise the party in writing that the party must file directly with the court, as applicable, a claim, notice of appearance or notice of change of address, in order to be added to, or correctly reflected in, the service databases maintained by the clerk and to receive any notices other than those pursuant to this Rule.  Notice in the case will at all times be deemed proper and adequate if papers, and the notices related to such papers, are timely served upon any party whose interests are directly affected by a specific paper, and upon those parties on the “Master Service List”.  Notwithstanding the provisions of this rule, the service databases maintained by the clerk, as set forth in Local Rule 2002-1(E), shall not be updated by the clerk upon the filing of a “Master Service List”.  Additions to, or modifications of, the clerk’s service databases shall only occur upon the filing with the clerk of, as applicable, amended schedules, claims, notices of appearance or changes of address pursuant to, and in accordance with, the provisions of the Bankruptcy Rules and the local rules, including Local Rules 1007-2, 1009-1, 1019-1, 2002-1, 3002-1 and 3003-1.

(3)        Except as otherwise provided by these rules or the court, subdivision (H)(1) shall not apply to notices required to be served on the debtor, the trustee, equity security holders, and all creditors and indenture trustees pursuant to Bankruptcy Rule 2002, including, without limitation, the notice of

(a)        commencement and the meeting of creditors under 11 U.S.C. §§341 or 1104(b);

(b)       a proposed use, sale or lease of all or substantially all of the property of the estate;

(c)        the time fixed for filing objections and the hearing to consider approval of a disclosure statement pursuant to Bankruptcy Rule 3017 and Local Rules 3017-1 or 3017-2;

(d)       the time fixed for filing objections and the hearing to consider confirmation of a plan pursuant to Bankruptcy Rule 3020 and Local Rules 3017-1 or 3017-2 and 3020-1;

(e)        the hearing on the dismissal or conversion of the case to another chapter; and

(f)        entry of an order confirming a plan.

(4)        Upon timely motion of any party of record, the court may consider, for cause shown, application of this rule to a chapter 11 case with fewer than 75 parties.

 [Comment: registered users are deemed served if they have filed an electronic appearance in the case and separate mail notice is not required under this rule.  See Local Rule 9076-1.]

(I)        Authority to Limit Service for Certain Chapter 7 Notices. A party in a chapter 7 case directed to serve notice under Bankruptcy Rules 2002(a)(2), (a)(3), or (a)(4), is authorized to limit service under Bankruptcy Rule 2002(h). If the limited service option is utilized, the certificate of service shall include a statement to that effect.

(J)         Requests for Service by Creditors Under 11 U.S.C. §342(f) – A creditor filing a notice pursuant to 11 U.S.C. §342(f), shall file such notice directly with the National Creditor Registration Service (NCRS) established by the Administrative Office of the United States Courts for this purpose.  The clerk shall forward any such requests filed in this court to the NCRS for processing.  A link to the NCRS website and the toll free number shall be maintained on the court website.

☞2015 Amendment: Section (C)(11) amended to correspond lo Local Rule 3015-3 amendment which results in eliminating two of three local form orders confirming chapter 13 plan. Section (C)(14) amended to reflect title of two new Official Bankruptcy Forms. Section (G) has been structurally rewritten and additional requirement for e filers to send email to clerk removed. Section (I) has been moved to section (J) and new (I) adds provision for limiting service for certain chapter 7 notices.