Local Rule 2002-1: Notice to Creditors and Other Interested Parties
Bankr. W.D. Va. — General rule
LOCAL RULE 2002-1 Notice to Creditors and Other Interested Parties A. Proponent to Give Notice:
1. Generally: The proponent of any post petition action shall give notice to all parties affected thereby, unless there is a specific prohibition or exception set forth in the Bankruptcy Code, Bankruptcy Rules, Federal Rules of Civil Procedure, or these Local Rules. A certification of such notice is to be promptly filed with the Clerk of Court.
2. In Reorganization Cases: All proponents of plans in reorganization cases shall give the notice required under Bankruptcy Rule 2002(b), in a form approved by the Clerk of Court, and shall file proof of service with the Court.
B. Authority for Agreements to Give Notice: The Clerk is authorized to enter into agreements with debtors wherein they will provide all required notices to interested parties in cases where the interest of justice and efficiency are served thereby. The Clerk shall approve the form of all such notices, and proof of service shall be filed with the Court.
C. Notice by Publication:
1. Place of Publication: All notices requiring publication shall be published at least once unless otherwise required by order, rule or statute, and such notice shall be published in newspapers of general circulation as the Court may order.
2. Time of Publication: All notices shall be published at least seven (7) days prior to any action to be taken pursuant to the notice, and a longer notice shall be given when required by rule or statute or where deemed proper by the Court.
D. Notice and Service by Electronic Transmission:
1. Automatic Notice of Electronic Filing: Whenever a pleading or other paper is filed electronically, a Notice of Electronic Filing will be automatically generated by the Electronic Case Filing system at the time of filing, and sent electronically to the party filing the pleading or other paper, as well as to all parties in the case who are registered participants in the Electronic Case Filing system or have otherwise consented to electronic notice.
2. Required Email Address: All registered participants shall maintain a current and active e-mail address to receive notification in CM/ECF.
3. Electronic Service Required: The filing party, who is a registered CM/ECF participant, shall serve the pleading or other paper electronically upon all persons entitled to notice or service in accordance with the Federal Rules of Bankruptcy Procedure and this Court's Local Rules.
4. Registered Participants Consent to Electronic Service: Pursuant to FRBP 7005, a registered CM/ECF participant consents to receive notice and service by electronic means, which shall constitute proper service. If the recipient of notice or service is a registered CM/ECF participant, service of the "Notice of Electronic Filing" shall be the equivalent of service of the filing by first class mail, postage pre-paid.
EXCEPTIONS:
(a) service of the original complaint and summons for an adversary proceeding pursuant to FRBP 7001;
(b) a motion commencing a contested matter pursuant to FRBP 9014 until such time as FRBP 7004 may be amended to permit electronic service of such a complaint or motion;
(c) service required to be made otherwise pursuant to FRBP 7004(h) (service on an insured depository institution).
5. Service on Non-Registrants: Service of any pleading or other document may be made upon non-registrants by any means expressly authorized by the Federal Rules of Bankruptcy Procedure.
6. Service of Non-Electronically Filed Documents: Pleadings or other documents which are not filed electronically shall be served in accordance with the Federal Rules of Bankruptcy Procedure and these Local Rules, except as otherwise provided by order of the Court.
F. Agreements to Use Preferred Addresses:
1. Scope and Authority: Pursuant 11 U.S.C. §342(e) & (f) 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. Filing of Notice: The filing of a notice of preferred address pursuant to 11 U.S.C. §342(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: 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 www.ncrsuscourts.com.
SECTION F CODIFIES STANDING ORDER #5