Local Rule 2002-1: Notices to Creditors, Equity Security Holders, United States and U.S. Trustee

Rule 2002-1 Notices to Creditors, Equity Security Holders, United States and U.S. Trustee.

(a) Chapter 11 Hearings.

(i) Omnibus Hearings. The Court may, sua sponte or upon request of a party in interest made to the presiding Judge's chambers, enter an order setting omnibus hearing dates for a chapter 11 case. Upon receiving omnibus hearing dates from the presiding Judge's chambers, the requesting party must file a proposed order setting the omnibus hearing dates under certificate of counsel. Unless the Court directs otherwise, and as time permits, the Court will hear the motions and applications duly noticed for the omnibus hearing in the order listed in the hearing agenda filed under Local Rule 9029-3.

(ii) Special and Emergency Hearings. The Court may, sua sponte or upon request of a party in interest, schedule a special or emergency hearing date in a chapter 11 case for a specific motion or issue. The party requesting the hearing—or if requested by the Court, the party directed by the Court—must promptly file a notice of hearing on the docket specifying the date and time of the hearing and the issue before the Court—e.g., the title of the motion, "discovery conference," etc. The hearing will be limited to the issues identified in the notice, and no party in interest may present any other motion or issue at the hearing without leave of the Court.

(b) Serving Motions and Applications in Chapter 11 and 15 Cases. In chapter 11 and 15 cases, motions and applications—except matters specified in Fed. R. Bankr. P. 2002(a)(1), (4), (5), (7), 2002(b), 2002(f) and 2002(q) and Local Rules 4001-1 and 9013-1—must be served only on counsel for the debtor, counsel for the foreign representative, the U.S. Trustee, counsel for any official committee, counsel for any trustee, all parties who file a request for service of notices under Fed. R. Bankr. P. 2002(i), and all parties whose rights are affected by the motion or application. If an official unsecured creditors' committee has not been appointed in a chapter 11 case, then the movant or applicant must serve the motion or application on the creditors identified in the list filed under Fed. R. Bankr. P. 1007(d).

(c) Service List in Chapter 11 and 15 Cases. The claims agent must maintain a list of parties entitled to receive service required by Local Rule 2002-1(b), including specifying whether a party has opted to receive email service. Subject to any confidentiality or other restrictions imposed by rule or Court order, the claims agent must make the list available on the case website maintained by the claims agent and must provide a copy to any party upon request. If there is no claims agent, then counsel to the debtor or foreign representative, as applicable, is responsible for the duties under this Local Rule.

(d) Entry of Appearance. An entry of appearance filed in a case or adversary proceeding must identify the party appearing and its counsel, if applicable, and include the following information for counsel, or if unrepresented, the party: (i) mailing address; including a street address for overnight and hand delivery; (ii) telephone number; and (iii) email address.

(e) Notice and Claims Agent. The Court may at the First Day Hearing authorize the retention of a claims and noticing agent—"claims agent"—under 28 U.S.C. § 156(c) on motion substantially confirming to Local Form 134. A chapter 11 debtor with more than 200 parties identified in the list filed under Local Rule 1007-2(a) must file the motion with its petition or within 7 days thereafter, unless the Court orders otherwise. The claims agent must comply with the Court's Protocol for the Employment of Claims and Noticing Agents under 28 U.S.C. § 156(c) and perform the following functions:

(i) Serve the following: (a) Notice of Chapter 11 Bankruptcy Case using the appropriate Official Form; (b) notice of any bar date for proofs of claim or interest; (c) notices of claims transfers; (d) objections to claims; (e) the notices required by Fed. R. Bankr. P. 2002(a)(5), 2002(b), 2002(d), 2002(f)(7), 2002(f)(11), 3017, 3019, and 3020; (f) notice of hearing on motions filed by the U.S. Trustee; and (g) any motion filed by the U.S. Trustee's office to convert or dismiss the case, appoint a trustee, or appoint an examiner;

(ii) File within 7 days after service a certificate of service referencing the document served and its docket number and indicating the name and complete address of each party served and the method of service;

(iii) Maintain the original copy of every proof of claim or interest filed in the case;

(iv) Maintain the official claims register, including by recording and notating, as applicable, claims transfers, claims objections, and all other filings affecting a claim, but not deleting any claim or claim information for any reason;

(v) Maintain a separate claims register and separate creditor matrix for each debtor in jointly administered cases;

(vi) File quarterly an updated claims register in alphabetical and numerical order or a certification of no claims activity if there has been no claims activity in the quarter;

(vii) Maintain an up-to-date mailing list of all parties who have filed a proof of claim or interest or request for notices for each case, post the list to the claims agent's website, and provide a copy of the list within 48 hours of a request;

(viii) Provide public access to the claims register and complete proofs of claim—including attachments—at no charge through the claims agent's case website, but protecting from public access any information protected by Court order or Local Rule 9037-1;

(ix) Within 14 days after entry of an order dismissing a case or within 28 days after entry of a final decree, forward to the Clerk an electronic version of all proofs of claim, upload the creditor matrix into CM/ECF, and docket a final claims register; If the case is jointly administered, then docket in the lead case a combined claims register containing claims from all cases;

(x) Within 14 days after the earlier of entry of an order (a) converting the case or (b) terminating the services of the claims agent, (i) forward to the Clerk an electronic version of all proofs of claim, (ii) upload the publicly available portions of the creditor matrix into CM/ECF, (iii) forward to the Clerk the sealed portions of the creditor matrix in the format requested by the Clerk, and (iv) docket a final claims register. If the case is jointly administered, then docket in the lead case a combined claims register containing claims from all cases, and also docket a case-specific final claims register and creditor mailing matrix in each respective jointly administered case; and

(xi) If there are more than 200 creditors, then upon conversion to a chapter 7 case, (a) continue to serve all notices required to be served at the direction of the chapter 7 trustee or the Clerk's Office or (b) submit a proposed order terminating the claims agent's services.

(f) Cases with No Claims Agent.

(i) In cases with no claims agent, the Clerk serves as the notice agent, and the debtor must timely provide the Clerk with a complete, accurate, and up-to-date creditor matrix consistent with Fed. R. Bankr. P. 1007 and the procedure set forth in Local Rule 2002-1(e)(x)(ii)-(iii).

(ii) The debtor must provide an updated creditor matrix within 14 days after entry of an order converting a case or within 28 days after entry of a final decree consistent with the procedure set forth in Local Rule 2002-1(e)(x)(ii)-(iii).

(g) Chapter 15 Cases. Unless otherwise ordered by the Court, the foreign representative is responsible for (i) the notice requirements under Fed. R. Bankr. P. 2002(q) and (ii) applicable duties in Local Rule 2002-1(e).

(h) Limiting Notice in Chapter 7, 12, and 13 Cases. In a chapter 7, 12, or 13 case, the notices required by Fed. R. Bankr. P. 2002(a) may be limited to the parties specified in Fed. R. Bankr. P. 2002(h), without further order or direction of the Court.