Local Rule 2002-1: Notices

Rule 2002-1 Notices

(a) Party to Give.

(1) Unless otherwise ordered by the court, or as specifically provided in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure or these Rules, notices will be served on the parties entitled to notice as follows: [A] The Clerk of Court will serve: (i) in all cases under chapters 7, 9, 11, 12, 13, and 15, the notices specified in Rules 2002(a)(1); (f)(1)(A)-(H) and (J)-(L); and 4004(g), Federal Rules of Bankruptcy Procedure; (ii) in all other instances where notice is authorized or directed by the Administrative Office of the United States Courts to be given through the Bankruptcy Noticing Center. [B] The case trustee will serve the notice specified in Rule 2002(f)(1)(I), Federal Rules of Bankruptcy Procedure. [C] All other notices will be served by the party requesting an order or other act.

(b) Content of Notices.

(1) Unless otherwise ordered by the court, or provided in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or these Rules, whenever the Code or Rules authorize any act, or authorize the court to enter an order, "after notice and hearing" or a similar phrase, the party giving the notice must state in the notice: [A] that the act may be performed or the court may enter an order without an actual hearing unless a party in interest serves and files an objection in writing within a specified time; or [B] that the court has entered the order or authorized the act to be done without a hearing. [C] This subsection does not apply to matters for which the Code or Rules require an actual hearing, i.e., "notice of the hearing," or "notice by mail of the hearing," including, without limitation: (i) conversions and dismissals under Rules 1017 and 2002(a)(4); (ii) sales free and clear under § 363(f), Rule 6004(c), and AK LBR 6004-1(b); (iii) approval of disclosure statements and confirmation of plans under §§ 1125 and 1129 and Rule 2002(b); and (iv) objections to claims under Rule 3007.

(2) Notice of any Application, Motion, Stipulation or other matter that requires notice be given by the initiating party and, unless otherwise elsewhere specified by statute, Federal Rules of Bankruptcy Procedure or Local Rule, must include: [A] a summary of the relief requested, which must contain at minimum— (i) an accurate legal description of any real property involved, (ii) list of any personal property or intangibles involved, (iii) amounts of money and from whom claimed, to whom to be paid or delivered, and (iv) the legal basis for seeking the relief; [B] date by which a response is due; [C] name(s) and addresses upon whom any response must be served; [D] if a hearing is required, the date, place, and time of the hearing as set by the court after the submission of a Calendar Request (LBF 7) by the moving party; and [E] unless contained in the information required by subparagraph (2)[A], an accurate, complete description of any real property, personal property or intangibles involved.

(3) Double-sided copying may be used to reduce costs of notice.

(c) To Whom Given.

(1) Except as otherwise specifically provided by the Rules or ordered by the court, "Notice," as used in these Rules means notice by first class mail or electronically to: [A] all creditors, [B] equity security holders, [C] case trustee, if any, [D] the debtor, [E] the debtor's attorney, [F] the attorney or chair of any committee appointed in the case, and [G] any other parties in interest, and any other person or entity known to have or claim a legal or equitable interest in the subject matter of the noticed matter. (2) [A] The addresses utilized in notices to creditors, equity security holders or case trustees are governed by Rule 2002(g), Federal Rules of Bankruptcy Procedure. [B] A Matrix of names and addresses, filed under AK LBR 1007-2 and updated in accordance with Rule 2002(g) may be obtained from the clerk. [C] Notice required to be given to all creditors is presumed to be appropriate if mailed or sent electronically to all entities on a Matrix: (i) certified updated by the Clerk of Court within fourteen (14) days of the date notice is sent; or (ii) if obtained electronically, bearing a computer-generated date within fourteen (14) days of the date notice is sent.

(3) Whenever less inclusive notice is provided for by the Rules or order of the court, as an alternative, service may be made on the Matrix.

(d) Telephonic or Email Notice of Emergency Motions and Hearings. Notwithstanding the provisions of subsections (b) and (c), the court may allow telephonic or email notice of emergency motions and hearings for cause shown.

(e) Certificate of Service.

(1) After giving notice, unless otherwise ordered, not less than seven (7) days prior to the date objections or responses are to be filed, the noticing party must file: [A] the notice; and [B] an affidavit of mailing with a list of persons, and their addresses, to whom the notice was sent.

(2) If notice to all creditors is required, the court will enter an order based on that notice only if the list of persons to whom the notice was sent is a copy of the Matrix described in subparagraph (c)(2)[C].

(f) Certificate of No Objections. A party that has complied with the requirements of this Rule and received no objection to the request, may: (1) file a certificate of no objections, signed under penalty of perjury, that substantially conforms to AK LBF 4; and (2) lodge a proposed order.