Local Rule RULE 2002-1: NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

RULE 2002-1. NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES A.Twenty-One Day Notices to Parties in Interest. The proponent or movant shall prepare and serve the notices required by Bankruptcy Rule 2002(a)(2), (3), (4), (5), and (6) unless the action is initiated by the Court, in which event the appropriate notice shall be served by the Clerk unless the Court directs otherwise. The notices required by Bankruptcy Rule 2002(a)(7) shall be given by the Clerk in cases under Chapters 7, 9, 12 and 13. In a case under Chapter 11, the notices required by Bankruptcy Rule 2002(a)(7) shall be given by the movant. The notices required by Bankruptcy Rule 2002(a)(8) shall be given by the proponent of the plan unless a plan is filed in the correct format concurrently with the petition in a Chapter 12 case, in which event the notices provided for in Bankruptcy Rule 2002(a)(8) shall be given by the Clerk, if permissible.

B.Twenty-Eight Day Notices to Parties in Interest. The notices required by Bankruptcy Rule 2002(b) shall be given by the proponent of the plan or the party whose disclosure statement is being considered, unless a plan is filed in the correct format and concurrently with the petition in a Chapter 13 case, in which event the notices provided for in Bankruptcy Rule 2002(b) shall be given by the Clerk, if permissible. See also Local Rule 3015-1(B).

C.Notice to Equity Security Holders. The proponent or movant shall prepare and give the notices required by Bankruptcy Rule 2002(d)(3), (4), (5), (6), and (7).

D.Other Notices. The notice required by Bankruptcy Rule 2002(f)(7) shall be given by the proponent of the plan. The notice required by Bankruptcy Rule 2002(f)(8) shall be given by the Chapter 7 trustee.

E.Certificate of Mailing of Notices. The Notice of Electronic Filing created by the CM/ECF System serves as a Certificate of Mailing.

1.If all parties who are entitled to receive notice are served by the CM/ECF System, no additional Certificate of Mailing is necessary.

2.For parties not listed on the Notice of Electronic Filing who are entitled to receive notice, the filing party must serve the pleading in accordance with the Federal Rules of Bankruptcy Procedure and shall either include a Certificate of Mailing in the pleading certifying the date of service, the manner of service, and the names and addresses of the persons and entities served or file a separate signed Certificate of Mailing Local Form 2002-1(E) containing the same information. If a separate Certificate of Mailing is filed electronically, the Certificate of Mailing shall specifically identify the notice served, and the docket event shall be related to the notice served. If the Certificate of Mailing is filed in paper form, the following must be attached: (1) a copy of the first page of the notice served and (2) a copy of the first page of the Notice of Electronic Filing of the notice.

When mailing paper copies of documents that have been electronically filed to parties who are not registered participants of the CM/ECF System, the filing party must include the first page of the Notice of Electronic Filing to provide the recipient with proof of the filing.

3.If a party is required to serve notice of a "Text-Only Order" to parties who are not registered participants of the CM/ECF System, the party shall send a copy of the Notice of Electronic Filing to such recipients. Only those pages of the Notice of Electronic Filing that contain the filing information, the docket entry and the document descriptions need to be served.

F.Motions to Shorten or Limit Notice. A motion to shorten the time or limit the distribution of any notice required by Bankruptcy Rule 2002 shall state the cause to shorten or limit notice. Such motions may be ruled upon ex parte.

G.Addressing Notices. Notice of Preferred Addresses under 11 U.S.C. § 342(e) and (f) and National Creditor Registration Service.

1.An entity and a notice provider may agree that when the notice provider is directed by the Court to give a notice to that entity, the notice provider shall give the notice to the entity in the manner agreed to and at the address or addresses the entity supplies to the notice provider. That address is conclusively presumed to be a proper address for the notice. The notice provider's failure to use the supplied address does not invalidate any notice that is otherwise effective under applicable law.

2.The filing of a notice of preferred address pursuant to 11 U.S.C. § 341(f) by a creditor directly with the agency or agencies that provide noticing services for the Bankruptcy Court will constitute the filing of such a notice with the Court.

3.Registration with the National Creditor Registration Service must be accomplished through the agency that provides noticing services for the Bankruptcy Court. Forms and registration information are available at https.ncrs.uscourts.gov.

4.Notices of Change of Address by a creditor for this district only, should be accomplished by filing Local Form 2002-1(G).