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

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

(a) Entity Responsible for Giving Notice.

(1) General. The clerk may direct an entity to serve any notice that an FRBP requires be given by the clerk or some other person as the court may direct.

(2) Chapter 7. The entity, other than a trustee, proposing an action of which notice is required by FRBPs 2002(a)(2)-(4) must give the notice. An entity giving a notice required by FRBP 2002(a)(6) must do so under LBR 2016-1.

(3) Chapter 11.

(A) General. The entity making a request for relief or proposing an action of which notice is required by FRBP 2002 must give the notice, unless the notice is required by FRBP 2002(a)(1), (a)(7), (d)(1), (f)(1)(A), (f)(1)(B) or (f)(1)(G).

(B) Plan or Amended Plan. The proponent must give a notice required by:

(i) FRBP 2002(b)(1) or (d)(5), together with the documents required by FRBP 3017(a), using the notice of hearing on proposed disclosure statement prepared by the court.

(ii) FRBP 2002(a)(5), (b)(2), (d)(6) or (d)(7), together with the documents required by FRBP 3017(d)(1), using the order approving disclosure statement prepared by the court.

(iii) FRBP 2002(a)(6) for a final compensation application timely filed under LBR 2016-1(c)(2)(C).

(4) Chapter 12. The entity making a request for relief or proposing an action of which notice is required by FRBP 2002 must give the notice, unless the notice is required by FRBP 2002(a)(1), (a)(7), (f)(1)(A), (f)(1)(B), (f)(1)(C), (f)(1)(D), (f)(1)(F) or (f)(1)(G).

(5) Chapter 13. The entity making a request for relief or proposing an action of which notice is required by FRBP 2002(a)(2), (a)(3), or (a)(6) must give the notice.

(6) Chapter 15. A foreign representative filing a petition for recognition must serve the notices required under FRBP 2002(q).

(b) Notice of Intent to Take Proposed Action.

(1) Template. A notice of intent to take proposed action when an LBF does not exist may be single-spaced, must begin at least 1" from the top of the page, and must be in substantially the following form:

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON In re ) Case No.** [Insert case number] ) [NOTE: Insertion of "other names used" included ) on the petition under LBR 1005-1 is not ) NOTICE OF INTENT TO [DESCRIPTION required, except on notices under FRBP 2002] ) OF PROPOSED ACTION] ) Debtor )

The [debtor, trustee, etc.] proposes to take the following action:

[Insert a brief description of the proposed action and the reasons for it; a summary of the effects; names of insiders to the transaction; and any other information required under (2), (3), or (4).]

YOU ARE NOTIFIED that unless you file an objection to this notice no later than [insert number of days in objection period, excluding any additional time provided by FRBP 9006] days after the service date [if notice time has been shortened under LBR 2002-1(b)(2), add "per order shortening notice period docketed as docket # (insert number)"], and set forth the specific grounds for the objection and your relation to the case, with the clerk of court at 1050 SW 6th Ave #700, Portland, OR 97204 or 405 E 8th Ave #2600, Eugene, OR 97401 and serve it on [insert name, address and phone number of party proposing the action], the undersigned will proceed to take the proposed action without further notice or a hearing.

[Signature and, if attorney, OSB#] [PRINT OR TYPE NAME if not filed by ECF] [ATTORNEY FOR _________, TRUSTEE, ETC.]

On (insert date) copies of the above notice were served on: (list the entities served using the format required by LBR 7005-1).

[Signature] [PRINT OR TYPE NAME if not filed by ECF]

**The case number consists of a seven-digit number: the first two digits represent the year the case was filed, followed by a hyphen, then five digits followed by another hyphen, the three initials of the assigned judge (in lower case letters), and then the number of the Code chapter under which the case is currently being administered.

(2) Shortened Notice Period or Limited Notice. LBR 9013-1(b)(3) applies to a notice governed by FRBP 2002.

(3) Proposed Use, Sale, Lease, or Abandonment of Property. The following information, if applicable, must be inserted in a notice served under (1):

(A) A brief, general description of the property (if real property, include a street address and include or attach a legal description).

(B) Names of the buyer and other parties to the transaction, and their relationship to the debtor.

(C) Where a copy of the complete property description, or inventory, may be examined or obtained.

(D) The terms and conditions including, if applicable:

(i) The method and manner of submitting bids.

(ii) Conditions imposed on other bidders.

(iii) The time, place, and any special terms and conditions of public sale.

(iv) The time and place for preview of the property before sale.

(v) A statement whether the sale is of substantially all of the debtor's assets.

(E) Information regarding the adequacy of the consideration, and a statement concerning any independent appraisals.

(F) Whether the estate has equity in the property, and, if not, why the property is being sold by the estate and how expenses are to be borne.

(G) If no plan has been confirmed under chapter 11, 12, or 13, why sale before confirmation is beneficial to the estate or creditors.

(4) Proposed Sale of Property Free and Clear of Liens and Other Interests. A notice of intent to sell property that includes a motion under § 363(f) must be served on LBF 760.5, instead of under (1), unless the motion either (A) seeks authority to sell personally identifiable information about individuals under § 363(b) or (B) is filed in a chapter 11 case. In a chapter 11 case, the notice and motion may be filed in another format, but the document must include all the information required by LBF 760.5.

(c) Notice of Hearing Template. A notice of hearing prepared by a party may be single-spaced and must begin at least 1" from the top of the page and be in substantially the following form:

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON In re ) Case No.** [Insert case number] [NOTE: Insertion of "other names used" included ) on the petition under LBR 1005-1 is not required ) Adv. Proc. No. ***[Insert case number] except on notices under FRBP 2002] ) Debtor(s) ) NOTICE OF HEARING [DESCRIPTION ) OF MATTER TO BE HEARD] [If applicable] ) [Insert plaintiff names] ) Plaintiff(s) ) v ) [Insert defendant names] ) Defendant )

YOU ARE NOTIFIED THAT A HEARING to consider and act on the following: [Enter description of matter to be heard].

WILL BE HELD ON [hearing date] AT [hearing time] [insert either: (1) "in [hearing room number and street address]," (2) "by telephone at [telephone number and access code]; LBF 888 is provided," or (3) "by video (to connect, see www.orb.uscourts.gov/video-hearings)"]. [NOTE: Unless provided on the court's website at www.orb.uscourts.gov/hearings, or when using ECF, this information must be obtained from the judge's calendaring clerk at the telephone number identified on the court's website.]

[State whether the hearing will be an evidentiary hearing at which witnesses may testify.]

(Signature) (OSB# if atty) [PRINT OR TYPE NAME if not filed by ECF] [ATTORNEY FOR _________, TRUSTEE, ETC.]

On (insert date) copies of the above notice were served on: (list the entities served using the format required by LBR 7005-1).

(Signature) [PRINT OR TYPE NAME if not filed by ECF]

**The case number consists of a seven-digit number: the first two digits represent the year the case was filed, followed by a hyphen, then five digits followed by another hyphen, the three initials of the assigned judge (in lower case letters), and then the number of the Code chapter under which the case is currently being administered.

***The adversary proceeding number consists of a six-digit number: the first two digits represent the year the adversary proceeding was filed, followed by a hyphen, then four digits followed by another hyphen, and the three initials (in lower case letters) of the assigned judge.

(d) Notice of Hearing. Unless filed on an LBF, a notice of hearing must not be combined with another document (for example, a notice of hearing and a motion must be filed as separate documents), and an ECF Participant must file a notice of hearing using an ECF event intended for that purpose. This requirement does not apply to the notice of motion required by LBR 9013-1(b)(2).

(e) Service Costs. An entity serving a notice must pay all actual costs of service. An entity incurring service costs may, unless otherwise prohibited under the Code or these LBRs, apply for reimbursement of the costs under LBR 2016-1.

(f) Accuracy of Mailing List. The clerk will not verify certificate of service information. If the clerk, no later than 35 days after a document's service date, receives written notice of a data entry error made by the clerk's office regarding a document served by the clerk, and the information necessary to correct the error, the clerk must immediately correct the error and re-serve that document.

(g) Change of Mailing Address and Returned Document.

(1) Duty to Notify Clerk of Mailing Address Change. An entity must file a notice of the entity's address change on LBF 101C or LBF 101D, or provide the debtor's name, the case number, the entity's name, the entity's current address in the case record, and the new service address.

(2) Returned Document. The clerk must use the address of debtor's attorney or of a self-represented debtor as the return address on a notice the clerk sends unless documents from different cases are sent in a single envelope. Except as provided in (f), the debtor must file LBF 101C, LBF 101D, or the BNC Bypass Notice to correct any address errors regarding entities that were listed on the mailing list. The clerk will neither maintain a permanent record of nor retain a document returned to the clerk.

(h) Proposed Order if No Objection Filed Timely. The court will only consider signing an order resulting from a notice if the noticing party submits a proposed order under LBR 9021-1(b). The proposed order must include the exact name of the notice and its docket number. The noticing party must include with the proposed order a certificate stating that no objection was filed within the specified objection period, plus three days if FRBP 9006(f) applies.

(i) Notice of Preferred Address Under § 342(e) or § 342(f).

(1) Creditor's Case-Specific Preferred Address Under § 342(e). A creditor that wants an address to be used only in a particular case must file a notice clearly stating that request. The notice must contain the debtor's name, the case number, and the creditor's complete service address for that particular case. If the creditor does not comply with the foregoing requirements, any nationally preferred address the creditor has submitted under § 342(f) will continue to be effective.

(2) Preferred Address Under § 342(f)(1). An entity's registration with the Bankruptcy Noticing Center at https://bankruptcynotices.uscourts.gov to receive all notices electronically or by U.S. Mail at a specified mail address will be treated as the filing with this court of a notice address to be used by this court in chapter 7 and 13 cases, as permitted by § 342(f)(1).

(j) Limited Notice to Creditors Whose Claims are Filed. If an LBF allows for limited notice under this rule, the court directs that notice may be limited to each entity listed in FRBP 2002(h) if the applicable time period described in FRBP 2002(h) has passed.

(k) Certificate of Service. Any notice not in or on an LBF, including any notice of motion in a motion, that is required by FRBP 2002 must comply with the certificate-of-service requirement of LBR 7005-1(c).

Cross-references: • Application for Compensation or Expenses – LBR 2016-1. • Chapter 13—Plan; Form, Notice, and Service – LBR 3015-1(b)(1). • Filing and Lodging by ECF – LBR 5005-4. • Lien Avoidance Under § 522(f) – LBR 4003-2. • Motion for a Chapter 11, 12, or 13 "Hardship" Discharge - LBR 4004-1. • Motion for Redemption – LBR 6008-1. • Motion for Relief From Stay, Use of Cash Collateral, or Obtaining Credit – LBR 4001-1. • Motion for Removal or Remand – LBR 9027-1. • Motion to Compel Abandonment – LBR 6007-1. • Motion to Convert Case – LBR 1017-1. • Motion to Dismiss Case – LBR 1017-2(a). • Objection to Claim – LBR 3007-1. • Proposed Order or Judgment – LBR 9021-1. • Service & Certificate of Service – LBR 7005-1. • Valuation of Collateral (§§ 506(d) and 1322) – LBR 3012-1.