NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

(a) Mailing of Notice. The Clerk may require the debtor, the trustee, or other party in interest filing a petition, a complaint, an objection, a pleading or other paper to prepare and mail required notice(s) as the Court may designate and to file with the Clerk proof of service in accordance with the provisions of Local Rule 9013-3. (b) Notices in Chapter 11 Cases in Which Committees Have Been Appointed. Pursuant to Fed. R. Bankr. P. 2002(i) and unless otherwise ordered by the Court, the notices required by Fed. R. Bankr. P. 2002(a)(2), (3), and (6) may be served only on the parties on the Local Rule 1007-2 Parties in Interest List.

(c) Notices in Voluntary Chapter 7 Cases, Chapter 12 Cases, and Chapter 13 Cases. In voluntary Chapter 7 cases, Chapter 12 cases, and Chapter 13 cases, pursuant to Fed. R. Bankr. P. 2002(h) and unless otherwise ordered by the Court, after 70 days following the order for relief or the date of the order converting the case to Chapter 12 or Chapter 13, all notices required by Fed. R. Bankr. P. 2002(a) shall be served only upon the debtor, the trustee, all indenture trustees, creditors that hold claims for which proofs of claim have been filed, creditors, if any, that are still permitted to file claims because an extension was granted under Fed. R. Bankr. P. 3002(c)(1) or (c)(2), and parties who have filed a request for notice under section (f) of this rule. (d) Notices in Involuntary Chapter 7 Cases. In involuntary Chapter 7 cases, pursuant Fed. R. Bankr. P. 2002(h) and unless otherwise ordered by the Court, after 90 days following the order for relief or the date of the order converting the case to Chapter 12 or Chapter 13, all notices required by Fed. R. Bankr. P. 2002(a) shall be served only upon the debtor, the trustee, all indenture trustees, creditors that hold claims for which proofs of claim have been filed, creditors, if any, that are still permitted to file claims because an extension was granted under Fed. R. Bankr. P. 3002(c)(1) or (c)(2), and parties who have filed a request for notice under section (f) of this rule.

(e) Notice of Amended Plans in Chapter 12 and Chapter 13 Cases. In Chapter 12 and Chapter 13 cases, amended plans need be served only upon creditors who have filed proofs of claim and whose treatment is affected by the amendment to the debtor’s plan. (f) Requests for Notice. A party who files a request for notice pursuant to Fed. R. Bankr. P. 2002(g) shall be placed on the master mailing matrix and, in Chapter 11 cases, on the Local Rule 1007-2 Parties in Interest List.

Requests for notice shall be served on the debtor and the trustee. (g) Form of Notice. Notices shall be in such form as may be directed by the Clerk or as may be ordered by the Court. (h) Return Address Required.

Envelopes containing notices or orders served by the Bankruptcy Noticing Center, the debtor’s attorney, or the debtor if the debtor is acting pro se, shall bear the return address of the debtor’s attorney or the pro se debtor. (i) Returned Notices. If the debtor’s attorney, liquidating trustee, or pro se debtor receives a piece of mail from the United States Post Office that was addressed to a party to the case but has been returned as undeliverable, the debtor’s attorney, liquidating trustee, or pro se debtor shall immediately determine the correct address of the party, mail a copy of the returned piece of mail to the party, and promptly thereafter file proof of such service with the Clerk. The debtor’s attorney, liquidating trustee, or pro se debtor shall also immediately file with the Clerk a notice of the corrected address for the creditor.

If no correct address of the party can be located after reasonable inquiry to locate a correct address, the debtor’s attorney, liquidating trustee, or pro se debtor may mark off the party from any future mailing matrix and shall be relieved from future service on such party. Upon ascertaining a correct address, the party shall no longer be marked off future mailing matrix and the debtor’s attorney, liquidating trustee, or pro se debtor shall immediately file with the Clerk a notice of the corrected address for the creditor. (j) Service of Orders and Notices. If the Court directs an attorney or a party to serve an order or a notice, the attorney or party shall serve the order or notice within three days of its having been entered by the Court, and the attorney or party shall thereafter promptly file a proof of such service in accordance with the provisions of Local Rule 9013-3.

(k) Notices as Directed by the Court. If a party is authorized by the Federal Rules of Bankruptcy Procedure, Local Rule, or order of the Court to give notice of a hearing or the time in which an objection or request for hearing is required, such notice shall be on the face of the first page of such notice, pleading, or other paper. (l) Administrative Expense. The cost or expense incurred in serving notices and orders may be an administrative expense to be paid or reimbursed pursuant to 11 U.S.C. § 503(a). _______________________ Notes of Advisory Committee 2021 Amendment This amendment revises section (i) to provide a procedure for address corrections and removal of parties from the mailing matrix when mail is returned as undeliverable.

This amendment to the rule is effective August 1, 2021. 2020 Amendment Amended Federal Rule of Bankruptcy Procedure 2002(h), effective on December 1, 2020, allows the Court to limit notice to creditors in Chapter 12 and 13 cases to those creditors who have filed claims. In addition, revised Rule 2002(h) distinguishes between voluntary and involuntary Chapter 7 cases and reflects the 2017 amendment to Rule 3002(c). Under Rule 3002(c), the deadline for filing proofs of claim in voluntary Chapter 7, Chapter 12, and Chapter 13 cases is 70 days after the order for relief; in involuntary Chapter 7 cases the deadline for filing proofs of claim is 90 days after the order for relief.

The revisions to the local rule are consistent with the amendments to Rule 2002(h). This amendment to the rule is effective December 1, 2020. 2019 Amendment This amendment adds new section (d) which limits service of amended Chapter 12 and Chapter 13 plans to affected creditors. This amendment to the rule is effective July 1, 2019.

2013 Amendment This amendment adds new section (c) which applies to Chapter 7 cases and limits service of notices required by Fed. R. Bankr. P. 2002(a), after 90 days following the first date set for the meeting of creditors, 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 by reason of an extension granted pursuant to Fed. R. Bankr. P. 3001(c)(1) or (c)(2). This is consistent with Fed. R. Bankr. P. 2002(h). This amendment to the rule is effective July 1, 2013. 2012 Amendment This amendment incorporates archived Administrative Order FLMB-2003-1 “General Order Regarding the Return Address of Notices and Orders Mailed by the Bankruptcy Noticing Center.” The addition of headings and subheadings is intended to be a stylistic rather than substantive change.

This amendment to the rule is effective March 15, 2012. 2004 Amendment This amendment corrects the Bankruptcy Rules citation to that of the currently used citation. This amendment, 2002-1(a), recognizes that the Clerk may more expeditiously give notice to creditors or parties in interest through the Bankruptcy Noticing Center (BNC). For practical purposes, only when the Clerk cannot reasonably process notices through BNC, would the Clerk request the moving party to send notice to creditors or other parties in interest.

This amendment, 2002-1(d), adds a provision permitting Electronic Filing Users the ability to complete service of papers by electronic means. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference's Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment was effective on April 15, 1997.

Paragraph (a) of this rule was formerly Local Rule 3.03. Paragraphs (b) through (g) of this rule were formerly paragraphs (b) through (f) and (h) of Local Rule 2.19. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment This rule is amended to substitute the term “proof of service” for “certificate of service” as required by amended Rule 2.19(a).

The provisions as to the content of the proof and the time for filing the proof are deleted because those subjects are now contained in amended rule 2.19(a). These amendments were effective on February 15, 1995. Rule 2002-4 NEGATIVE NOTICE PROCEDURE (a) Matters Authorized to Be Considered on Negative Notice. The Court has established a list (the “Negative Notice List”) of motions, objections, and other papers that may be considered by the Court without an actual hearing under the negative notice procedure described in this rule if no party in interest files a response to the relief requested.

The Negative Notice List is posted on the Court’s website, www.flmb.uscourts.gov, and may be supplemented or otherwise amended by the Court from time to time. If permitted by the presiding judge, other motions, objections, and other matters may be considered by the Court using the negative notice procedure. (b) Manner of Service. Motions, objections, and other papers filed pursuant to this negative notice procedure shall: (1) be served in the manner and on the parties as required by the applicable provisions of the Federal Rules of Bankruptcy Procedure, Local Rules, or Court order, and shall be filed with proof of such service in accordance with the provisions of Local Rule 9013-3; and (2) contain a negative notice legend prominently displayed on the face of the first page of the paper.

The negative notice legend shall be in the following form: NOTICE OF OPPORTUNITY TO OBJECT AND REQUEST FOR HEARING If you object to the relief requested in this paper you must file a response with the Clerk of Court at (address) [and, if the moving party is not represented by an attorney, mail a copy to the moving party at (address)] within (number) days from the date of the attached proof of service, plus an additional three days if this paper was served on any party by U.S. Mail. If you file and serve a response within the time permitted, the Court will either notify you of a hearing date or the Court will consider the response and grant or deny the relief requested in this paper without a hearing. If you do not file a response within the time permitted, the Court will consider that you do not oppose the relief requested in the paper, and the Court may grant or deny the relief requested without further notice or hearing. You should read these papers carefully and discuss them with your attorney if you have one.

If the paper is an objection to your claim in this bankruptcy case, your claim may be reduced, modified, or eliminated if you do not timely file and serve a response. (c) Time for Filing Responses. For the purpose of completing the negative notice legend, the number of days during which parties may respond that is placed in the negative notice legend shall be 21 days, except as set forth on the Negative Notice List, plus an additional three days for service if any party was served by U.S. Mail. (d) Hearings.

In the event a party in interest files a response within the time permitted in the negative notice legend, the Court may, but need not, schedule a hearing on the motion, objection, or other matter upon notice to the movant’s attorney, the objecting party or parties, and others as may be appropriate. (e) Consideration Without a Hearing. If no response is filed within the time permitted in the negative notice legend as computed under Fed. R. Bankr. P. 9006(a) and (f), the Court will consider the matter in chambers without further notice or hearing upon the submission by the movant of a proposed form of order granting the relief. The movant shall submit the proposed order after the expiration of the response period and within three business days of such expiration.

If the movant fails to submit a proposed form of order within this time, the Court may enter an order denying, disapproving, or overruling the matter without prejudice for lack of prosecution. In addition to any other requirements, the proposed order shall recite that: (1) the motion, objection, or other matter was served upon all interested parties with the Local Rule 2002-4 negative notice legend informing the parties of their opportunity to respond within 21 (or other) days of the date of service; (2) no party filed a response within the time permitted; and (3) the Court therefore considers the matter to be unopposed. (f) Court May Schedule a Hearing Even if No Response is Filed. Nothing in this rule precludes the Court from conducting a hearing on the motion, objection, or other matter even if no response is filed within the time permitted in the negative notice legend. _______________________ Notes of Advisory Committee 2020 Amendment This amendment revises the Negative Notice Legend to simplify the language and eliminate the requirement for service by mail on the moving party’s attorney.

This amendment to the rule is effective August 1, 2020. 2019 Amendment This amendment revises the language of the negative notice legend prescribed in section (b)(2) to be consistent with Official Form B 420B “Notice of Objection to Claim.” This amendment to the rule is effective July 1, 2019. 2016 Amendment This amendment revises the negative notice legend prescribed in section (b)(2) to be consistent with the December 1, 2016 amendment to Federal Rule of Bankruptcy Procedure 9006(f). The revision specifies that three days are added to the time for responding to a paper only if any party was served with the paper by U.S. Mail.

This amendment to the rule is effective December 1, 2016. 2014 Amendment The amendment revises the negative notice legend to add an additional three days for service to the response period. Revised section (e) provides that the movant shall submit a proposed order days after the expiration of the response period and within three business days of such expiration. This amendment to the rule is effective July 1, 2014.

2013 Amendment This amendment refers parties to the Negative Notice List posted on the Court’s website for a complete list of the motions, objections, and other matters that have been approved by the Court for consideration using negative notice procedures and for the applicable number of days in the objection period. This amendment to the rule is effective July 1, 2013. 2004 Amendment This amendment corrects the Bankruptcy Rules citation to that of the currently used citation. Further, this amendment under section (b)(2) above allows Electronic Filing Users, i.e. those registered with the Court to file papers electronically, to take further advantage of using Negative Notice procedures within the electronic filing environment.

Together with other Local Rule changes, these amendments are designed to assist attorneys in fulfilling the new electronic filing requirements. Former section (b)(2) is renumbered to (b)(3). 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended.

This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 2.19A. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The rule codifies the negative notice procedure that has been in use, in varying degrees, in the Court for some time.

As authorized by 11 U.S.C. § 102(1), orders required to be entered “after notice and a hearing,” or a similar phrase in the Bankruptcy Code or Federal Rules of Bankruptcy Procedure, may be entered without an actual hearing if appropriate notice is given and no party-in-interest requests a hearing. This rule is intended to give effect to this authorization in those kinds of matters that experience teaches frequently trigger no opposition. The Advisory Committee considers that this rule will substantially enhance the efficiency and economy of the practice in the Court. Subparagraph (a)(6) contemplates that the list of motions authorized to be made under the negative notice procedure, as set forth in subparagraph (a)(1) through (a)(5), may be expanded if authorized by the presiding judge for matters heard by that judge.

Although the Advisory Committee foresees that the rule will normally be used in connection with motions, it is intended by the drafters that the rule would also apply if a judge authorizes its use in matters in which an objection rather than a motion initiates the matter. For example, if authorized by a judge for matters before that judge, it could apply to objections to proofs of claim under Fed. R. Bankr. P. 3007. In that case, the party filing an objection to claim would be the “movant” and the objection to claim would be the “motion” for purposes of interpreting and applying the rule. The rule further contemplates that, when no objection to the motion is filed within the prescribed period, the Court will review the motion for procedural and substantive regularity upon the movant’s submission of a proposed form of order granting the motion.

The Court may schedule a hearing on the motion if the Court, for any reason, determines that the circumstances make a hearing necessary or desirable. These amendments to the rule were effective on February 15, 1995. Rule 2004-1 EXAMINATION OF DEBTOR AND OTHERS (a) This Rule Does Not Apply in Adversary Proceedings and Contested Matters. This rule applies only to examinations conducted pursuant to Fed. R. Bankr. P. 2004.

The rules governing discovery in adversary proceedings and contested matters are set forth in Part VII of the Federal Rules of Bankruptcy Procedure and Local Rules 7026-1, 7026-2, 7030-1, 7033-1 and 7037-1. (b) Manner of Setting Examination. A Court order is not necessary to authorize an examination pursuant to Fed. R. Bankr. P. 2004 or to require production of documents or electronically stored information at the examination. Examinations shall be scheduled upon notice filed with the Court and served on the trustee, the debtor, the debtor’s attorney, and the party to be examined.

(c) Reasonable Notice. The attendance of the examinee and the production of documents or electronically stored information may not be required less than 21 days after service of the notice, except by agreement of the parties or order of the Court. To the extent that a request for production of documents or electronically stored information under this rule may be construed as a request under Fed. R. Bankr. P. 7034, the time to respond is shortened to 21 days. The notice of examination may provide for the production of documents or electronically stored information in advance of the examination, but in no event shall the production of documents or electronically stored information be required less than 21 days from service of the notice of examination, unless otherwise agreed to by the parties or ordered by the Court.

(d) Who May Attend. Any party in interest who wishes to attend an examination scheduled under this rule may do so by filing and serving a cross-notice of examination at least 14 days in advance of the scheduled examination. (e) Motion for Protective Order. An interested party may file, prior to the date of the proposed examination or production of documents or electronically stored information, a motion for protective order stating the reasons for prohibiting, limiting, or rescheduling the examination or production of documents or electronically stored information.

A motion for protective order shall be filed as an emergency motion under Local Rule 9013-1(d). The examination and/or production of documents or electronically stored information shall be stayed until the Court rules on the motion. If the Court schedules a hearing on a motion for protective order, the parties shall meet and confer prior to the hearing in an effort to resolve the issues presented in the motion. (f) Subpoena.

No subpoena is necessary to compel the attendance of, or the production of documents or electronically stored information by, the debtor at an examination of the debtor. A subpoena is necessary to compel the attendance of, or production of documents or electronically stored information by, a witness other than the debtor. The provisions of Fed. R. Civ. P. 45 apply to subpoenas issued under this rule. (g) Videotaped Examinations.

Examinations may be videotaped if the notice of examination or subpoena states that the examination will be videotaped and whether it will also be recorded stenographically. (h) Motion to Compel; Payment of Expenses. If an interested party files a motion to compel compliance with a properly issued notice of examination under this rule, Fed. R. Civ. P. 37(a)(5) applies. _______________________ Notes of Advisory Committee 2022 Amendment This amendment adds a new section (h) that provides that the prevailing party may be awarded expenses incurred in making or opposing motions to compel pursuant to Fed. R. Civ. P. 37(a)(5). This amendment to the rule is effective July 1, 2022.

2021 Amendment This amendment revises the rule to conform to Fed. R. Bankr. P. 2004(c) (effective December 1, 2020) to add the term “electronically stored information” to the description of items produced during discovery. This amendment to the rule is effective August 1, 2021. 2017 Amendment The rule is revised to include a requirement that the parties meet and confer prior to any scheduled hearing on a motion for protective order that relates to an examination under Fed. R. Bankr. P. 2004. This amendment to the rule is effective July 1, 2017.

2016 Amendment This amendment clarifies that parties shall schedule examinations under Fed. R. Bankr. P. 2004 by notice rather than by motion. This amendment to the rule is effective July 1, 2016. This new rule is effective July 1, 2014. 2014 EMPLOYMENT OF SPECIAL COUNSEL IN CONSUMER PROTECTION CASES