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

RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES

(A) Proponent to Give Notice Except as stated elsewhere in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Local Bankruptcy Rules, or by order of the Court, the proponent of any action shall give notice to all parties affected thereby.

(B) Notice by Publication

(1) Place of Publication: All notices requiring advertisement shall be published at least once unless otherwise required by rule or statute, and such notice shall be published in newspapers of general circulation as follows:

(a) In proceedings at Alexandria, in the Washington Post.

(b) In proceedings at Newport News, in the Daily Press.

(c) In proceedings at Norfolk, in The Virginian-Pilot.

(d) In proceedings at Richmond, in the Times-Dispatch.

(2) Time of Publication: All notices shall be published at least 7 days prior to requiring any action, and a longer notice shall be given when required by rule or statute or where deemed proper by the Court.

(C) Service on United States Trustee Service on the United States trustee shall be made electronically to the following e-mailbox addresses:

Alexandria Division: USTPRegion04.AX.ECF@usdoj.gov Richmond Division: USTPRegion04.RH.ECF@usdoj.gov Norfolk and Newport News Divisions: USTPRegion04.NO.ECF@usdoj.gov

(D) Inspection of List of Creditors: When any person orders and receives a list of creditors from the Clerk, it shall be the responsibility of that person to inspect the labels to ensure that all parties required to receive notice are included thereon.

(E) Notices to Equity Security Holders: Unless otherwise ordered by the Court, the debtor is responsible for sending notice of the filing of the bankruptcy to equity security holders except when either:

(1) the list of equity security holders is filed with the petition or

(2) the equity security holders are included on the list of creditors filed with the petition.

(F) Requirement of Proof of Service: At the end of each pleading, motion or other document required to be served upon a party, the proof of service shall be signed by counsel (or the pro se party) conforming to LBR 5005-1(D)(8).

Comments 2002-1(D) This is a result of a suggestion from the bar to clarify and expand on service requirements on the U.S. Trustee. Whereas the Bankruptcy Code and FRBP require service of certain pleadings on the U.S. Trustee, there are many gray areas. This revision clarifies what documents not specifically required under the Bankruptcy Code and FRBP need to be served on the U.S. Trustee and what documents need to be filed with the Clerk of Court for transmittal by the Clerk to the U.S. Trustee. The prior rule only related to documents and pleadings in Chapter 11 cases, whereas this revision covers all chapters.

2002-1(E) Reference to the mailing labels has been deleted to reflect elimination of Item 15 of the Miscellaneous Fee Schedule to Bankruptcy Courts for mailing labels. If a party requests addresses or mailing labels and does not have access to PACER, the Court will provide a list of creditors in lieu of mailing labels.

2002-1(G) This change simplifies the proof of service language to note that it just needs to conform to LBR 5005-1(C)(8). [Change effective 2/1/00.]

2002-1(D)(3) This addition will allow parties the option to provide service to the United States Trustee's offices by electronic mail to a central office location. [New rule effective 4/1/03.]

2002-1 LBR 2002-1(C)(1)(a) has been amended to substitute the Washington Examiner for the Alexandria Journal. The Alexandria Journal no longer is being published and its place has been taken by the Washington Examiner. [Change effective 9/1/06.]

2002-1 Paragraph (A)(2) is deleted as is the heading to paragraph (A)(1). Paragraph (B) is deleted. Paragraphs (C), (D),(E), (F), (G) and (H) become paragraphs (B), (C), (D), (E), (F) and (G), respectively. New subparagraph (B)(1)(a) is amended. New paragraph (C) is amended by re-titling the header, striking paragraph (C)(1) and (C)(2), deleting the header at paragraph (C)(3) and modifying the text by deleting all text through the word "means" and making other noted changes; and deleting the word "paper" at paragraph (F) and inserting in lieu thereof the word "document." Stylistic changes have been made to the text as well. LBR 2002-1(H) is derived from former Interim Procedure 2002-1(I). In addition, time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. [Changes effective 12/01/09.]

Paragraph (F) A conforming technical change is made to paragraph (F), therein, by re-designating paragraph (C)(8) as paragraph (D)(8). [Change effective 12/1/22.]