Local Rule L.B.R. 2002-1: Notice to Creditors & Other Interested Parties

L.B.R. 2002-1 Notice to Creditors & Other Interested Parties.

(a) Twenty-One Day Notices to Parties in Interest.

(1) Notice of the meeting of creditors pursuant to 11 U.S.C. § 341 shall be served by the Bankruptcy Clerk in all cases under chapters 7, 12 and 13, and by the debtor in possession or the trustee in all cases under chapter 11.

(2) Notice of a proposed use, sale, or lease of property of the estate, other than in the ordinary course of business, shall be prepared and served by the proponent of such use, sale, or lease.

(3) Notice of the hearing on approval of a compromise or settlement of a controversy shall be served by one of the parties proposing the compromise.

(4) In a chapter 7 liquidation, notice of the hearing on the dismissal or conversion of a case to another chapter shall be served by the Bankruptcy Clerk. In a chapter 11 reorganization, notice of the hearing on the dismissal or conversion of a case to another chapter shall be served by the movant. When the United States Trustee is the movant, notice of the hearing on the dismissal or conversion of a chapter 11 case shall be served by the Bankruptcy Clerk. In a chapter 12 or 13 debt adjustment, notice of the hearing on the dismissal or conversion of a case to another chapter shall be served by the standing trustee.

(5) Notice of the time fixed to accept or reject a proposed modification of a plan shall be prepared and served by the proponent of the modification.

(6) Notice of hearings on all applications for compensation or reimbursement of expenses totaling in excess of $1,000.00, except those to be heard in connection with a chapter 7 Trustee's Final Report, shall be prepared and served by the applicant.

(7) Unless otherwise ordered by the court, notice of the time fixed or "bar date" for filing proofs of claim or interest in chapter 11 cases pursuant to Bankruptcy Rule 3003(c)(3), either specifically set by the court, or as set by Local Bankruptcy Rule 3003-1, shall be served by the trustee or debtor in possession.

(8) Notice of the time fixed for filing objections and the hearing to consider confirmation of a chapter 12 plan shall be generated by the standing trustee and served by the debtor.

(9) Notice of the time fixed for filing proofs of claim in a chapter 7, 12 or 13 case pursuant to Bankruptcy Rule 3002(c), shall be served by the Bankruptcy Clerk and shall be combined with the meeting of creditors notice included in Official Bankruptcy Forms 309A-I; and

(10) Notice of the time fixed for filing objections to a chapter 13 plan shall be served by the standing trustee.

(b) Twenty-Eight Day Notices to Parties in Interest.

The notices required by Bankruptcy Rule 2002(b)(1) and (b)(2) shall be served by the party whose disclosure statement is being considered or by the proponent of the plan, as the case may be. With respect to the hearing to consider confirmation of chapter 13 plan, notice shall be given by the standing trustee.

(c) Notice to Equity Security Holders.

Unless otherwise ordered by the court, notice of the order for relief and of any meeting of equity security holders ordered by the court pursuant to 11 U.S.C. § 341, shall be served by the debtor in possession or trustee in all cases under chapter 11. The notices required by subdivisions (d)(3), (4), (5), (6), and (7) of Bankruptcy Rule 2002 shall be served in accordance with (a)(2), (4), (5) and (b) of this Rule.

(d) Other Notices.

(1) The notices required by subdivisions (f)(1), (3), (4), and (5) of Bankruptcy Rule 2002 shall be served by the party responsible for serving notice of the § 341 meeting of creditors as provided in subdivision (a)(1) of this rule.

(2) Notice of the dismissal of a case under chapter 7 or 11 shall be served by the Bankruptcy Clerk, provided that the debtor in possession shall serve such notice if the order was entered on motion of the debtor in possession. Notice of the dismissal of a chapter 12 or 13 case shall be served by the standing trustee.

(3) The notices required by subdivisions (f)(6), (8), (9), (10) and (11) of Bankruptcy Rule 2002 shall be served by the Bankruptcy Clerk.

(4) The notice required by subdivision (f)(7) of Bankruptcy Rule 2002 shall be served by the proponent of the confirmed plan.

(e) Debtor to Provide Notice.

Whenever notice is required to be served under this Rule by the Bankruptcy Clerk or a party other than the debtor in possession, such debtor in possession shall serve the notice if the mailing list required by Local Bankruptcy Rule 1007-1(a) has not been filed.

(f) Notices to Creditors Whose Claims Are Filed.

In a chapter 7 case, after the expiration of time to file a claim under Bankruptcy Rule 3002(c), all notices required by subdivision (a) of this rule may be mailed only to creditors whose claims have been filed, and parties who have filed a request for notices with the Bankruptcy Clerk.

(g) Certificate of Service When Notice Served By Party.

When a party other than the Bankruptcy Clerk is required by this rule to serve notice, such party shall file a copy of the notice with a certificate of service evidencing the names and addresses of the parties served and the date and manner of service.

(h) Other Parties.

The Bankruptcy Court may require notices to be served by the parties other than those specified in these Local Bankruptcy Rules.

(i) Notice of an Extension to File Schedules.

Notice of an extension of time to file schedules and statements shall be given by the debtor to any committee, trustee, examiner, the United States Trustee, standing chapter 12 or 13 trustee, indenture trustees or labor unions (if applicable), and to any other party as the Bankruptcy Court may direct.

(j) Parties Requesting Notice.

Pursuant to Bankruptcy Rule 2002(m), the Bankruptcy Court orders that any party in interest may file a notice of appearance and request for notice in a case and shall thereafter be served with all notices in that case.