Local Rule 2002-1: NOTICE TO CREDITORS AND PARTIES IN INTEREST

RULE 2002-1. NOTICE TO CREDITORS AND PARTIES IN INTEREST.

(a) Duty to Provide Notice of Motions. Unless otherwise directed by the Code, the Bankruptcy Rules, or these Rules, the Clerk is authorized to designate the parties who must serve notice on creditors and other parties in interest when notice is required under the Code, the Bankruptcy Rules, or these Rules. Failure to serve timely and proper notice may result in (1) dismissal of the motion, (2) no action on the motion, and/or (3) an order directing the movant to pay costs if a party is prejudiced by the movant's failure to serve the motion timely and properly.

(b) Chapter 12 and 13 Plans. The Clerk will give notice of the time fixed for objecting to the chapter 12 or 13 plan first filed by the debtor. By contrast, the debtor's attorney (or the debtor, if pro se) must give notice of the time fixed for objecting to any subsequently filed amended plan or modified plan the debtor files.

(c) Clerk will Provide Master Mailing List. Upon request, the Clerk will provide a party with a master mailing list when these Rules require or permit a party other than the Clerk to give notice to creditors and other parties in interest.

(d) Method of Service. Notices and documents required to be sent by a party other than the Clerk may be served (1) in person, (2) by e-mail if the recipient has consented to e-mail service, (3) by fax if the recipient has consented to fax service, (4) by regular, first-class mail, or (5) by certified mail. In emergency situations, alternate notice may be approved by the Court. See also Local Rule 9075-1(b)(1)-(3).

(e) Service on the United States Trustee by Parties not Registered for CM/ECF. Parties who are not registered users of CM/ECF must serve the United States Trustee with all notices of motion, together in the same envelope with (1) the motion, (2) supporting affidavits, (3) exhibits, and (4) a copy of the certificate of service. Unless ordered otherwise, all ex parte applications (including the required affidavits and exhibits) must be served upon the United States Trustee at the time they are filed.

(f) Forms of Service. When service is not made via CM/ECF, and a motion consists of several documents, the movant must serve all parties entitled to service of the motion papers with the motion, exhibits, and notice of hearing to the e-mail address designated by each party in a single e-mail or by first-class mail in a single package.

(g) Service of Motions to Determine Value. When a chapter 13 debtor seeks a determination of the allowed amount of a secured claim, and a corresponding determination of the value of the collateral securing that claim, the debtor must request that determination in their plan, i.e., in Part 3.2 of Official Form 113, and by filing a motion under Section 506(a). If the holder of a claim subject to a request for such a determination is entitled to an elevated level of service, e.g., per Bankruptcy Rule 7004(h), the movant must effectuate proper service of the plan on that party and file a certificate of service. See also Local Rule 3012-1.