Local Rule 9001-1: Definitions.

Rule 9001-1. Definitions. These local rules are subject to the rules of construction in 11 U.S.C. § 102, and the words and phrases used herein shall be defined by reference to 11 U.S.C. §§ 101, 902, and 1101 and Fed.R.Bankr.P. 9001. In addition, the following words, phrases, or abbreviations used in these local rules have the meanings indicated:

(1) "Fed.R.Bankr.P." means the Federal Rules of Bankruptcy Procedure promulgated by the United States Supreme Court;

(2) "Fed.R.Civ.P." means the Federal Rules of Civil Procedure promulgated by the United States Supreme Court;

(3) "Official Form" means the Official Bankruptcy Forms or the Director's Forms;

(4) "D.S.D. Civ. LR" means the Civil Local Rules of Practice for the United States District Court for the District of South Dakota;

(5) "S.D.C.L." means the South Dakota Codified Laws;

(6) "debtor" means individual and joint debtors, unless otherwise stated; and

(7) "parties in interest," "such other parties as the Court may designate," or similarly described entities as used in the Code, the Federal Rules of Bankruptcy Procedure, or these local rules, unless otherwise directed by the Court, are:

(A) the entity or entities against whom relief is sought, including the parties to any affected adversary proceeding or a nonbankruptcy proceeding;

(B) the debtor;

(C) the attorney for the debtor, if any;

(D) the case trustee or examiner, if any;

(E) in a chapter 11 case, the 10 largest unsecured creditors, unless and until the United States Trustee has appointed an official committee of unsecured creditors;

(F) each member of any committee authorized under the Code, including any official committee of unsecured creditors, or, in the alternative, the committee's attorney of record;

(G) the United States Trustee;

(H) the entities, if any, listed on the docket as having requested notice under Fed.Rs.Bankr.P. 2002(g)(1) or (i) or 9010(b); and

(I) any entity claiming a lien on or other interest in any affected property.

REFERENCES: 11 U.S.C. §§ 101, 102, 902, and 1101; 28 U.S.C. § 2075; Fed.R.Civ.P. 83; Fed.Rs.Bankr.P. 2002, 9001, and 9029.

Practice Pointer: The party serving a document on "parties in interest" does not need to serve those parties who receive electronic notice or include their names and addresses on the certificate of service. The party serving a document may assume any debtor's attorney, any attorney for a committee authorized under the Code, any case trustee, the United States Trustee, and any party who has requested notice under Fed.Rs.Bankr.P. 2002(g)(1) or (i) or 9010(b) will receive electronic service. The Clerk will assist a party serving a document in identifying those parties who will receive electronic service.