Local Rule Guideline 1: Notifying the United States Trustee and the Clerk of First Day Motions
Bankr. E.D. Mich. — General rule
Guideline 1 Notifying the United States Trustee and the Clerk of First Day Motions Before filing a chapter 11 case that is accompanied by First Day Motions, counsel for the debtor is encouraged to communicate with the United States trustee's office and the clerk's office. With respect to contact with the clerk's office, counsel should contact the clerk of the court. If the clerk is not available, contact may be made with the chief deputy clerk or the operations manager of the clerk's office. Counsel for the debtor may discuss any relevant issues in the case with the United States trustee and the clerk of the court. The court strongly encourages the parties to discuss the following with the United States trustee's office:
(1) The nature of the first day relief to be requested.
(2) The debt structure of the business, including the public and trade debt.
(3) Description of the debtor's cash management system and issues under § 345.
(4) Issues that may be resolved by consent (e.g., extensions of time to file schedules, adequate assurances of utility payments, wage and benefit payments up to statutory limitation(s), joint administration, necessity doctrine payments, professional employment issues, including conflicts and indemnification requests).
(5) Corporate governance issues.
(6) Collateral issues including Federal Trade Commission issues, taxing authority issues, Security and Exchange Commission issues, pension and other Department of Labor issues, Environmental Protection Agency and Michigan Department of Environmental Quality issues and insurance issues.
(7) The status of any attempted out-of-court workout, including perceived impediments to a successful reorganization and whether there was an unofficial prepetition committee.
(8) The number of creditors and any special needs due to the size of the case.
(9) The need for a noticing vendor for the notice of the meeting of creditors and any other notice requirement. The court strongly encourages the parties to discuss the following with the clerk:
(1) The number of creditors and any special needs due to the size of the case.
(2) The need for a noticing vendor for the notice of the meeting of creditors and any other notice requirement.
(3) The need for the availability of the clerk or staff outside of ordinary business hours.