Local Rule L.R. 9013-3: Chapter 11 Case Administration.

L.R. 9013-3 - Chapter 11 Case Administration. A. First Day Matters in Chapter 11 Cases. 1. General Provisions. The Court will typically entertain first day matters within forty-eight (48) hours of filing. The movant must contact the Clerk of Court prior to filing the case to schedule first day matters for hearing. Refer to the Procedures Manual for matters that are typically considered first day matters. The movant must give notice of first day matters to the L.R. 9013-3(D) Master Service List or to those who would be on such a list, and to those who may be affected by the matter. To properly gather statistical information concerning Chapter 11 first day motions, first day motions must be filed using designated Motion/Application events within the CM/ECF system. Three specific first day motions have descriptively titled events and must be filed using those events: (1) "Application to Employ," (2) "Motion to Use Cash Collateral," and (3) "Motion for Continuation of Utility Service/Adequate Assurance of Payment Under Sec. 366." Other first day motions must be filed using the "Chapter 11 First Day Motion" event. A description of the motions should be typed into the available text box. 2. Coordination with United States Trustee. A Chapter 11 debtor should, where practical, give the United States Trustee at least twenty-four (24) hours notice prior to the filing of any petition or first day motion of the nature of the case, the nature of the relief to be sought, and the proposed timing of the hearing. The Chapter 11 debtor should also, where practical, provide the United States Trustee with private courtesy copies of drafts of all such motions or the petition as soon as they are in substantially final form. The United States Trustee must keep such advance notice and documents confidential until the motion or petition has been filed.

B. Initial Debtor Interview in Chapter 11 Cases. Promptly upon, or as soon as possible prior to the filing of a Chapter 11 case, the debtor (if not represented by an attorney) or the debtor's attorney must contact the Office of the United States Trustee to schedule the § 341 Meeting, and arrange for an initial debtor interview. The debtor and the debtor's attorney, if any, should review the United States Trustee's requirements and role in administering a Chapter 11 case. This information is in the Procedures Manual.

C. Regular Hearing Dates and Agenda. The Court may establish Regular Hearing Dates for a Chapter 11 case. Such dates will be noted on the Court's calendar and may be accessed by interested persons by contacting the Court, viewing the case calendar on the Court's web site, and by contacting counsel for the debtor. Unless otherwise directed, all motions in the designated Chapter 11 case will be scheduled for hearing on the Regular Hearing Date. Forty-eight (48) hours prior to each Regular Hearing Date, the debtor must contact the Courtroom Deputy to establish a hearing agenda.

D. Master Service and Notice Lists. Other than in cases filed under Subchapter V and cases filed under Chapter 11 with less than 30 creditors, the debtor must maintain a Master Service and Master Notice List containing the names and addresses specified herein. The debtor must update the lists as necessary, but not less than monthly and must file the updated list with the Court, identifying the list by date. 1. Master Service List. The Master Service List must contain the names and addresses of: a. the debtor; b. counsel for the debtor; c. counsel for primary secured lenders; d. counsel for any official committees; e. the United States Trustee; f. the Trustee (if any) and the Trustee's counsel; and g. any examiner, if any, in the case. In the event an official unsecured creditors' committee is not appointed, the names and addresses of the twenty (20) largest unsecured creditors must be on the Master Service List. A party may request to be added to the Master Service List by motion served on all parties identified in this paragraph and any entity requesting notice. 2. Master Notice List. The Master Notice List must contain the names and addresses of all persons on the Master Service List plus any persons or entities that have requested notice in the case.

E. Service of Motions and Notices. Unless otherwise directed by the Court, when Master Service and Notice Lists are designated for use in a Chapter 11 case pursuant to L.R. 9013-3(D): 1. The movant or applicant must serve a complete copy of the motion, application, or pleading on the Master Service List and on any entity whose interest may be affected by the motion, application, or pleading. 2. The movant or applicant must serve a notice of hearing and/or notice of the motion, application, or pleading on all parties on the Master Notice List. Notices required by Fed. R. Bankr. P. 2002(a)(2), (3), (6), and 4001 must be served on the Master Notice List. All notices of hearing served pursuant to this paragraph must include a description of the relief requested in the motion, application or pleading. 3. Notices required by Fed. R. Bankr. P. 2002(a)(1), (4), (5), (7), (b), and (f) must be served as specified on all creditors and parties in interest.

F. Certificate of Service. When Master Service and Notice Lists are designated for use in a Chapter 11 case, the certificate of service for any document may list the date and number of the Master Service List or Master Notice List instead of listing the names and addresses of each person served. The Master Service List or Master Notice List should not be filed with or attached to the document served or the certificate of service. The certificate of service must state that all parties on the Master Service List or Master Notice List have been physically served with the underlying document by the filer or have been identified by the Court's CM/ECF system as having received the document via the CM/ECF system.