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

Rule 2002-1 Notice to Creditors and Other Interested Parties

(A) Required Hearings. Unless the Court rules otherwise, the Court will set and hold a hearing on the following matters:

• Approval of a chapter 11 disclosure statement unless conditionally approved under Fed. R. Bankr. P. 3017.1;

• The confirmation of a chapter 11 or chapter 12 reorganization plan. See LBR 3020-1 and 3015-4;

• Objections to claimed exemptions. See LBR 4003-1;

• Motions to convert or dismiss chapter 7 or 11 cases, other than on motion of the debtor to convert or unless the Court orders otherwise;

• Motions for the appointment or removal of a trustee or examiner; and • Motions filed in adversary proceedings, unless the Court determines sua sponte that no hearing is warranted.

(B) Notice and Opportunity. In all circumstances where relief is requested which can only be granted on notice or "after notice and a hearing" as defined in 11 U.S.C. § 102, the movant must serve notice of the relief sought and of opportunity to object.

(1) The movant must serve the notice on parties in interest, the debtor and any party specifically requesting notice, and must file a certificate showing service in compliance with this rule;

(2) An entity seeking allowance of an administrative expense claim under § 503, other than applications for compensation or reimbursement under Fed. R. Bankr. P. 2002(a)(6), must serve the pleading on the debtor, any party specifically requesting notice and, in a chapter 11 case, on any committee appointed under § 1102 of the Code, or in the absence of a committee, then on the list of twenty largest creditors filed under Fed. Rule Bankr. P. 1007(d);

(3) When notice is required to be served on all creditors and interested parties under Fed. R. Bankr. P. 2002(a), the party providing notice must serve all parties on a mailing list obtained from the docket. The notice must be served not less than 24 days prior to the date and time fixed for filing objections. The 24-day period includes three (3) days service by mail under Fed. R. Bankr. P. 9006(f);

(4) The notice of opportunity to object must be identified in the title to the pleading, must describe the relief sought with sufficient particularity to apprise the noticed parties of the subject matter of the motion, and must be in substantial compliance with Official Bankruptcy Form 20A;

(5) When an interested party is permitted to file a written objection or response before any court action for which no specific time period of time is set forth in the Federal Rules of Bankruptcy Procedure, the movant must allow an interested party at least 17 days to file a written objection (which includes the three (3) days for service by mail allowed by Fed. R. Bankr. P. 9006(f)).

(C) Exceptions. When relief is requested regarding the automatic stay under 11 U.S.C. § 362, or confirmation in a chapter 12 or 13 case, the movant shall follow the procedures set forth in LBR 4001-1, 3015-4, or 3015-3, respectively.

(D) Ex Parte Motions. Motions and applications which may be heard ex parte include applications for the approval of employment of professional persons, and motions to shorten or limit notice under Fed. R. Bankr. P. 2002.

(E) Requests for Notice. Any party who files a request for service of pleadings and other notices must serve the request on the pro se debtor or the debtor's counsel of record. A party providing notice under this rule must honor the request for notice when any pleading is served.