Local Rule Rule 2002-1: Notices to Creditors and Other Interested Parties

Rule 2002-1. Notices to Creditors and Other Interested Parties

(a) Twenty-One Day Notices to Interested Parties.

(1) Reserved.

(2) Proposed Use, Sale, or Lease of Property. In addition to the parties identified in Fed. R. Bankr. P. 2002(a)(2) and the United States trustee, notice of the proposed sale and motion, if any, shall be served on anyone holding or claiming a lien or interest in the property, and equity security holders who have requested notice. In chapter 11 cases, notice of a proposed use, sale, or lease of property, other than in the ordinary course of business, shall be given by the debtor in possession or, if there is no debtor in possession, the trustee. In chapter 7, 12, and 13 cases, such notice shall be given by the clerk. In chapter 9 cases, such notice shall be given by the debtor, and in chapter 15 cases, by the foreign representative.

(3) Compromise or Settlement.

(A) In chapter 11 cases, notice of a hearing on a compromise or settlement shall be given by the debtor in possession or, if there is no debtor in possession, the trustee. In chapter 7, 12, and 13 cases, such notice shall be given by the clerk. In chapter 9 cases, such notice shall be given by the debtor, and in chapter 15 cases, by the foreign representative.

(B) The notice required in subsection (a)(3)(A) of this Local Rule shall include a summary of the material terms of the proposed compromise along with instructions for obtaining a copy of the motion and, if applicable, any related settlement documents.

(4) Dismissal or Conversion. Notice of hearing on a motion to dismiss or convert in a chapter 11, 12 or 13 case shall be given by the movant. In all other cases, such notice shall be given by the clerk. Notice of hearing on motions to dismiss or convert in chapter 13 cases shall be given to the debtor, the trustee, and all creditors that have appeared in the case.

(5) Plan Modification. Notice of the time fixed to respond to a motion to modify a plan shall be given by the movant. When a modification is proposed by a debtor who is not represented by an attorney, notice shall be given by the clerk.

(6) Compensation or Reimbursement of Expenses.

(A) An application for compensation or reimbursement of expenses in chapter 7, 12, and 13 cases shall be accompanied by Local Form 5—Hearing Notice on Fee Application. Notice of a hearing on the application shall be given by the clerk.

(B) An application for compensation or reimbursement of expenses filed in a chapter 11 case shall be accompanied by a notice of hearing that contains the amount of fees and expenses sought and the time period for which they are sought. Notice of a hearing on the application shall be given by the applicant.

(7) Reserved.

(8) Objection to Confirmation of a Chapter 12 Plan. Notice of the deadline for filing objections to confirmation of a chapter 12 plan shall be given by the debtor.

(9) Objection to Confirmation of a Chapter 13 Plan. Notice of the deadline for filing objections to confirmation of a chapter 13 plan shall be given by the debtor.

(b) Twenty-Eight Day Notices to Interested Parties.

(1) Disclosure Statement. Notice of the deadline for filing objections and the hearing to consider the approval of a disclosure statement, or final determination that a separate disclosure statement is not necessary, shall be given by the plan proponent.

(2) Chapter 9 and Chapter 11 Confirmation. Notice of the deadline for filing objections and of the hearing to consider confirmation of a chapter 9 or chapter 11 plan, shall be given by the plan proponent.

(3) Chapter 12 and Chapter 13 Confirmation. Notice of the hearing to consider the confirmation of a chapter 12 or chapter 13 plan shall be given by the debtor.

(c) Reserved.

(d) Notice to Equity Security Holders. The notices required in chapter 11 cases by Fed. R. Bankr. P. 2002(d)(1) – (3) shall be given by the debtor in possession or, if there is no debtor in possession, the trustee. The notices required by Fed. R. Bankr. P. 2002(d)(4) – (7) shall be given by the party designated as responsible for giving notice in Local Rule 2002-1(a) and (b).

(e) Reserved.

(f) Other Notices.

(1) Reserved.

(2) Dismissal of Chapter 11 Case Entered on Debtor in Possession's Motion. If the dismissal of a chapter 11 case is entered on the debtor in possession's motion, notice of the dismissal shall be given by the debtor in possession.

(3 – 12) Reserved.

(g) Reserved.

(h) Notices to Creditors Whose Claims are Filed. In the cases and under the circumstances identified in Fed. R. Bankr. P. 2002(h), all notices required by Fed. R. Bankr. P. 2002(a) shall be mailed only to the parties identified in Fed. R. Bankr. P. 2002(h) and to parties who have filed written demands for notice.

(i-q) Reserved.

(r) Certificate of Service Required. When Fed. R. Bankr. P. 2002 requires that notice be given by any party other than the clerk, the party giving notice shall file a copy of the notice, together with a certificate of service indicating the mode and date of service, the names and addresses of the parties served, and, in instances when service is made on counsel, the party whom counsel represents.