Local Rule RULE 2002-1: Service of Pleadings; Notice to Creditors; Ex Parte Motions

RULE 2002-1 Service of Pleadings; Notice to Creditors; Ex Parte Motions A. Service of Pleadings and Notices of Hearings 1. Upon the request for relief, service of all pleadings, filed documents (except certificates of service), and notices of hearing (if applicable) must be made in accordance with FRBP 2002.

2. The following pleadings must be served on the entire mailing matrix unless notice is limited by the court pursuant to a motion to limit notice:

a. Motions for extension of the automatic stay (see Local Rule 4001-2);

b. Motion to assume or reject a lease or executory contract (see Local Rule 2002(A)(4));

c. Motion for approval of the budget proposed by an individual debtor in a chapter 11 case (see Local Rule 4002-1(D)(1));

d. Application for compensation (see Local Rule 2014-1 and 2016-1);

e. Application for employment of professional (see Local Rule 2014-2 and 9013-1(D)(3));

f. Motion for approval of post-petition financing (see Local Rule 4001-3);

g. Request for allowance of superpriority or administrative claims;

h. Motion to approve employment or compensation to insiders (see Local Rule 4002-1);

i. Motion to pay pre-petition claims;

j. Motion to modify plan (see Local Rule 3015-2);

k. Disclosure statement (see Local Rule 3015-1, 3016-1); and l. Plan of reorganization (see Local Rule 3015-1, 3015-3, 3015-4, 3018-1).

3. Debtor's motions filed as "first day motions" must be served on the entire mailing matrix unless notice is limited by the court pursuant to a motion to limit notice. The debtor must serve the following parties by either electronic or facsimile transmission immediately upon filing:

a. The United States Trustee;

b. All secured creditors;

c. The twenty (20) largest unsecured creditors;

d. Known administrative claimants;

e. Priority claimants; and f. Any party requesting notice.

4. Motions for Relief from Stay, to Assume or Reject Executory Contracts or Unexpired Leases, for Adequate Protection, and to Sell, Use, Lease, or Encumber Property of the Estate a. At a minimum, the movant must serve the following persons with the motions, all attachments, and the notice of hearing:

i. Chapter 7 Cases. The debtor, debtor's counsel, any co-obligor or guarantor, the trustee, trustee's counsel, the Office of the United States Trustee, administrative and priority claimants, and any other party holding a security interest upon or claiming an interest in the property, lease, or contract against which the movant seeks relief.

ii. Chapter 11 Cases. The debtor, the debtor's attorney, any co-obligor or guarantor, any official creditors' committee and its counsel, the twenty (20) largest unsecured creditors if no official unsecured creditors' committee has been designated, the Office of the United States Trustee, administrative and priority claimants, the trustee and trustee's counsel, if any, and any other party holding a security interest upon or claiming an interest in the property, lease, or contract against which the movant seeks relief.

iii. Chapter 12 and 13 Cases. The debtor, debtor's attorney, any co-obligor or guarantor, the trustee, trustee's counsel, the Office of the United States Trustee, and any other party holding a security interest upon or claiming an interest in the property, lease, or contract against which the movant seeks relief.

b. In chapter 7 and 11 cases, any party filing an opposition or response to the foregoing motions must serve:

i. Movant and movant's counsel;

ii. The debtor and debtor's counsel;

iii. The trustee and trustee's counsel;

iv. Any co-obligor or guarantor;

v. The Office of the United States Trustee;

vi. Any other party holding a security interest upon or claiming an interest in the property, lease or contract;

vii. Priority and administrative claimants;

viii. Any official creditors' committee and its counsel; and ix. If no official unsecured creditors' committee has been appointed, the twenty (20) largest unsecured creditors.

c. In chapter 12 and 13 cases, any party filing an opposition or response to the motion must serve:

i. Movant and movant's counsel;

ii. The debtor and debtor's counsel;

iii. The trustee and trustee's counsel;

iv. Any co-obligor or guarantor;

v. The Office of the United States Trustee; and vi. Any other party holding a security interest upon or claiming an interest in the property, lease or contract;

See Local Rule 2002(A)(2)(b).

B. Method of Service or Notice 1. Electronic Service or Notice a. Service of pleadings or notices of hearing by electronic notice to Electronic Filers is the equivalent of service upon such party by first class mail, postage prepaid. Notice by electronic means is complete on transmission. FRBP 9036. Therefore, service upon Electronic Filers by United States Mail or other method is not required unless the Notice of Electronic Filing indicates that the CM/ECF system did not serve notice of the filing event upon the Electronic Filer.

b. Notwithstanding the foregoing, service of process of a summons or complaint under FRBP 7004, or the service of a subpoena under FRBP 9016 may not be made by electronic means.

c. Unless otherwise specified, service of a paper copy of a pleading is not required if service of the pleading to the party is through electronic notice.

d. Certificates of service, whether separate or included in the main document, must include the names and addresses of the parties served and the date and form of service.

2. Mail Service. Documents must be served in paper format by United States Mail or any other method authorized by the FRBP upon any party entitled to service who is not given electronic service. Service copies may contain the image of no more than two (2) 8x11 pages per side.

C. Notice of Hearing in Lieu of Service of Pleadings 1. Service of pleadings may be eliminated if the notice of hearing contains the following:

a. Title of the pleading;

b. Party requesting relief;

c. A detailed summary of the relief requested (i.e. municipal address of the property at issue; date and parties to the contract; amount involved if a money judgment is requested, etc.);

d. Date, place, and time for filing written opposition;

e. Date, place, and time of the hearing; and f. Procedure to request a copy of the pleading by return mail, facsimile transmission, electronic transmission, or express mail from the movant.

2. Notwithstanding the above, the debtor, trustee, counsel for the debtor and trustee, counsel for any official committee, and any party requesting notice or with particular interest in the pleading filed must continue to be served with paper copies of pleadings, attachments and notice of hearing by mail or through electronic means.

D. Limiting Number of Parties Required to be Noticed of Hearing. Whenever a party requests the court to limit the number of persons or entities to whom notice of hearing is given for any particular matter, or in general for all pleadings filed, the following categories of persons or entities (without prohibiting noticing to other persons or entities) must be included in any such limited notice:

1. Debtor and debtor's counsel;

2. The trustee and trustee's counsel, if a trustee has been appointed;

3. The United States Trustee;

4. All applicable taxing authorities;

5. All known administrative or priority creditors;

6. All secured creditors;

7. Counsel for all official committees, if any, in a chapter 11 case, and if there is no unsecured creditors' committee, the twenty (20) largest unsecured creditors; and 8. All persons or entities noted on the docket (or otherwise reasonably ascertainable) as having entered an appearance and/or requesting further noticing; provided however, the elimination of any such entities on account of their having been terminated as interested parties or otherwise having concluded their interest will be left to the noticing entity, subject to due process considerations.

E. Motion to Limit Notice of Hearing 1. A request to limit service of notice of hearing may be by ex parte written motion. The motion must be served on all parties identified on the mailing matrix and include a form to request special notice and directions for its return.

2. Request for limited notice may not be made for the following:

a. Initial hearing on the approval of disclosure statement;

b. Initial hearing on the confirmation of a plan of reorganization;

c. Initial hearing on or request to dismiss an objection to discharge under section 727;

d. Dismissal of a case (see Local Rule 1017-1);

e. Notice of effective date;

f. Notice of bar date;

g. Objection to debtor's discharge or request for hardship discharge (see Local Rule 4007-1); or h. Notice of the meeting of creditors (see Local Rule 2003-1).

F. Notices to the United States and State of Louisiana 1. The Clerk will not automatically add to the mailing matrix any governmental agency, including the Internal Revenue Service, the United States Department of Justice, the United States Department of Labor, the Louisiana Department of Revenue or the Louisiana Workforce Commission.

2. For ease of reference and without warranty of accuracy, the Clerk must post a list of taxing authorities throughout the state on its website.

3. In the event that the United States of America or any agency thereof is listed as a creditor, the debtor or debtor in possession must include on the mailing matrix the name of the agency in care of the United States Attorney for the district in which the case is filed and also the name of the agency at its local field office address. This rule supplements, and in no way modifies, the notice requirements of FRBP 2002(j).

G. Objections to Claim Claimant may designate on the proof of claim or by amendment to the proof of claim an additional address for notices of objection. Otherwise, a claimant who files a proof of claim consents to service of any objection to that proof of claim on the party signing the proof of claim at the address listed for notice on the proof of claim. By filing the proof of claim, the claimant acknowledges that the signing party and address for noticing belongs to its representative agent for service of process.

H. Ex Parte Motion. Notice of an ex parte motion must follow the requirements for notices of hearing and the procedures for granting relief, other than the setting of a hearing. The notice must provide that if an opposition is filed, a hearing will be noticed by the court. See Administrative Procedures Manual.