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

RULE 2002-1 NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

(a) Notice. Notice of the following actions shall be given by the proponent thereof, other than the United States trustee, to all creditors and parties in interest:

(1) A proposed use, sale, or lease of property other than in the ordinary course of business;

(2) The hearing on approval of a compromise or settlement of a controversy;

(3) In chapter 7, 11, and 12 cases, the hearing on the dismissal or conversion of the case to another chapter;

(4) The time fixed to accept or reject a proposed modification of a plan;

(5) Except as limited by paragraph (b), a hearing on all applications for compensation or reimbursement of expenses from the estate totaling in excess of $1,000.00;

(6) The time fixed for filing objections and the hearing to consider approval of a disclosure statement or, under § 1125(f), to make a final determination whether the plan provides adequate information so that a separate disclosure statement is not necessary;

(7) The time fixed for filing objections and the hearing to consider confirmation of a plan under chapter 9, 11 or 12;

(8) The notice of entry of an order confirming a plan under chapter 9, 11 or 12; and

(9) In a chapter 7 case, the notice of the trustee's final report.

(b) Limited Notice to Creditors Whose Claims Are Filed. Notice of the matters enumerated in paragraph (a) above need not be given in accordance with Fed. R. Bankr. P. 2002(a) and may be limited as provided in Fed. R. Bankr. P. 2002(h)(1) and (2) to the debtor; the trustee; all indenture trustees; creditors that hold claims for which proofs of claim have been filed; and creditors, if any, that are still permitted to file claims because and extension was granted under Rule 3002(c)(1) or (c)(2):

(1) In a voluntary chapter 7 case, chapter 12 case, or chapter 13 case, after 70 days following the order for relief under that chapter or the date of the order converting the case to chapter 12 or chapter 13, or

(2) In an involuntary chapter 7 case, after 90 days following the order for relief under that chapter,

(c) Limited Notice to Committees. Where an official creditors' committee has been appointed and as permitted by Fed. R. Bankr. P. 2002(i), required notice of hearings on the actions described below may be limited to such a committee or its authorized agent, the United States trustee, and to any creditor and equity security holder who files with the Court a request that all notices be mailed to them:

(A) Approval of a compromise or settlement; and

(B) Application for compensation or reimbursement of expenses from the estate totaling less than $25,000.00.

(d) Certificate of Service. A certificate of service conforming to LBR 9013-1(c) shall be filed within seven (7) days of effecting service and not later than seven (7) days prior to the return date of the hearing. For the purpose of preparing address labels, a copy of the updated matrix can be obtained from PACER or upon request from the Clerk.

(e) Notice to Committees. Except as the Court may otherwise designate, pursuant to Fed. R. Bankr. P. 9007, service of notice upon a committee may be made by serving the committee chairperson, the appointed attorney for the committee, if any and other authorized agent. Upon application by a party in interest, the Court may designate additional entities to which notice shall be given.

(f) Return Address on Court Generated Notices. The Clerk shall place the name and address of the debtor's attorney of record, or that of the pro se debtor, as the case may be, as the return address on all notices sent out by the Court to all creditors and other parties in interest.

(g) Returned Mail, Duty to Re-Notice, and File Certificate of Service. If a notice referred to in paragraph (e) is returned as undeliverable, debtor's counsel or the pro se debtor shall promptly send out the notice to any corrected address noted thereon. A certificate of service conforming to LBR 9013-1(c) shall be filed within seven (7) days of effecting service and not later than seven (7) days prior to the return date of a hearing.

Comment The proponent of a notice under subparagraphs (a)(1), (2), (3), or (5) should consult LBR 9013-1(d) for the content of the notice.