NOTICE TO AND SERVICE UPON THE UNITED STATES OR
U.S. Bankruptcy Court for the Central District of California
U.S. Bankruptcy Court for the Central District of California
FEDERAL AGENCIES (a) United States Trustee. (1) Duty to Provide Notice to and Service Upon the United States trustee. Pursuant to FRBP 2002(k), FRBP 9034 and these rules, and unless otherwise directed, a copy of any document filed by a person or entity in a bankruptcy case or adversary proceeding under chapters 7, 9, or 11 must be served upon the United States trustee. In chapter 12 or 13 cases, only a notice of conversion or motion to convert the case to another chapter must be served upon the United States trustee.
Proofs of claim or copies thereof must not be served upon the United States trustee. (2) Consent to Electronic Notice and Service of Documents Filed with the Court. Notwithstanding subsection (a)(1) of this rule, and except as provided in subsection (a)(3) of this rule, the United States trustee consents to electronic notice and service of any document filed in a bankruptcy case or adversary proceeding. (A) Electronic Notice.
The electronic transmission to the United States trustee of an NEF or a notice through the Bankruptcy Noticing Center constitutes notice to the United States trustee of a document filed in a bankruptcy case or adversary proceeding, including notice of entry of an order or judgment, whether it is the duty of the clerk or another person or entity to give such 14 LBR 2002-2 notice. A proof of service prepared and filed pursuant to LBR 9013-3 must state that the United States trustee will be served electronically by the court. (3) Electronic Service. The electronic transmission to the United States trustee of an NEF regarding a document filed in a bankruptcy case or adversary proceeding, which is required to be served on the United States trustee pursuant to FRBP 2002(k), FRBP 9022, FRBP 9034 or these rules, constitutes service of the document on the United States trustee.
A proof of service prepared and filed pursuant to LBR 9013-3 must state that the United States trustee will be served electronically by the court. (4) Exceptions to Electronic Notice and Service. Notwithstanding the foregoing and in addition to the exceptions to electronic notice and service set forth in LBR 9036-1(a)(2), the following documents must be served on the United States trustee nonelectronically: (A) Any and all subpoenas directed to the United States trustee, or the Office of the United States trustee or its staff; (B) Complaints and any other papers in adversary proceedings served upon the United States trustee as a defendant-persons and entities must comply with FRBP 7004(b)(10) when the United States trustee is named in an adversary proceeding as a party, whether or not the United States trustee is a trustee in the case; (C) Any document served upon the United States trustee and/or any of the United States trustee’s staff in their capacity as individuals-the service of any such document must comply with Rule 4 of the F.R.Civ.P. and with any and all other applicable rules of civil, bankruptcy and/or appellate procedure; and (D) All documents in any adversary proceeding or contested matter in which the United States trustee files and serves a request for nonelectronic service. (5) Telephonic Notice of Hearing Set on an Emergency Basis or Shortened Notice.
Telephonic notice of a hearing set on an emergency basis or hearing set on shortened notice basis pursuant to LBR 9075-1 must be given to the United States trustee if the United States trustee would otherwise be entitled to notice of the type of motion or hearing. (6) Place of Service for Nonelectronic Notice or Service. For documents for which the United States trustee has not consented to electronic notice and service, the United States trustee must be served nonelectronically at the applicable mailing address listed in the Register of Federal and State Governmental Unit Addresses contained in The Central Guide. (b) United States Attorney.
The United States attorney for this district has waived notice under FRBP 2002(j). If notice is required in a case of proceeding, the United States 15 LBR 2004-1 attorney must file a request for notice with the court and serve the debtor, debtor’s attorney (if any), the United States trustee, any trustee, and the representatives of any committee appointed in a case. (c) Internal Revenue Service. (1) General Notice Matters.
Except with respect to contested matters or adversary proceedings (where service must comply with the requirements of FRBP 7004 and LBR 2002-2(c)(2 , or as otherwise ordered by the court, the United States Internal Revenue Service must be served at the address listed in the Register of Federal and State Governmental Unit Addresses contained in The Central Guide. (2) Adversary Proceedings and Contested Matters. In all contested matters and adversary proceedings involving the United States Internal Revenue Service, the United States, the Attorney General in Washington D.C., and the United States attorney in Los Angeles must be served at addresses listed in the Register of Federal and State Governmental Unit Addresses contained in The Central Guide.
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