Notices.

U.S. Bankruptcy Court for the Southern District of Mississippi

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Mississippi

Rule: 2002-1

Jurisdiction: SDMSB

Bluebook Citation: Bankr. S.D. Miss. R. 2002-1

(j) Notice to the United States. In the event that the United States of America or any agency thereof is listed as a creditor, the debtor or debtor in possession, shall include on the master mailing list or matrix the name of the agency in care of the United States Attorney for the district in which the case is filed and also the name of the agency at its local field office address. This rule supplements, and in no way modifies, the notice requirements of Fed. R. Bankr. P. 2002(j). (m) Orders Concerning Notices.

Whenever a party requests the court to limit the number of persons or entities to whom notice is given for any particular matter, the following categories of persons or entities (without prohibiting noticing to other persons or entities) must be included in any such limited notice: (1) All persons or entities constituting the creditors’ committee or the equity security holders’ committee, if any, in a chapter 11 case, or if there is no creditors’ committee, all entities constituting the 20 largest unsecured creditors; (2) All persons or entities noted on the docket (or otherwise reasonably ascertainable) as having entered their respective appearances by filing documents declaring their respective entries of appearance and/or requesting further noticing; provided however, the elimination of any such entities on account of their having been terminated as interested parties or otherwise having concluded their interest shall be left to the noticing entity, subject to due process considerations; (3) All necessary or appropriate taxing authorities; (4) The United States Trustee; (5) The United States Attorney for the district in which the case is pending, if applicable; (6) All attorneys identified on the docket (or otherwise reasonably ascertainable) as having participated in the case except any attorney or attorneys who shall have been permitted by the court to withdraw from representation or who, in the discretion of the noticing entity, shall no longer be a necessary notice subject to due process considerations; and (7) The case trustee, if a trustee has been appointed. Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -15- Rule 2003-1. Meeting of Creditors or Equity Security Holders. (a) Date and Place of the Meeting.

(4) Appearance. The appearance of the debtor and the debtor’s attorney at the section 341(a) meeting is mandatory, unless waived as set forth in subsection (3) below. Failure of the debtor and the debtor’s attorney to attend this meeting may result in the dismissal of the bankruptcy case or the imposition of sanctions (including the assessment of the expenses and attorney’s fees of creditors attending the meeting as noticed), or both, but such dismissal or sanctions shall be granted by the court only after notice and a hearing. (5) Rescheduling Section 341 Meeting.

Rescheduling of the section 341 meeting shall be for good cause shown. Any request made prior to the scheduled section 341(a) meeting to reschedule the section 341(a) meeting shall be submitted to the United States Trustee (or, to the case trustee if such authority has been delegated by the United States Trustee) in Chapter 7, 12, or 13 cases and to the United States Trustee in all other cases, and such request shall be made at least seven (7) days prior to the scheduled section 341 meeting, except in emergency or extraordinary circumstances. If this request is denied by the case trustee or United States Trustee (as appropriate), a motion to reschedule the section 341 meeting may be made to the court. In the event the section 341 meeting is rescheduled, the requesting party shall be responsible for notifying all creditors of the date of the rescheduled section 341(a) meeting, and failure to so notify creditors may result in the imposition of appropriate sanctions.

(6) Waiver of Appearance. Upon written motion, the court, after notice and hearing, for cause shown, may waive the appearance of the debtor at the section 341(a) meeting of creditors. Waivers may be granted where a debtor is physically unable to appear at the original or rescheduled section 341(a) meeting of creditors or is unable to appear because of a mental incapacity. A motion to waive appearance shall be filed at least seven (7) days prior to the initial meeting of creditors or any rescheduled meeting of creditors and served on the interim trustee or the case trustee, as appropriate, the United States Trustee and all creditors.

Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -16- Rule 2004-1. Examinations. (a) In General. (1) Good Faith Duty to Confer.

Counsel for the parties and any unrepresented individuals shall have a duty to make a good faith effort to resolve by agreement, among themselves, any disputes with regard to an examination and production of documents under Fed. R. Bankr. P. 2004, including its scheduling, its scope, its length and the production of documents. Any objection to an order for a Rule 2004 examination, a motion to enforce compliance with such an order or with a subpoena under Fed. R. Bankr. P. 9016 or a motion seeking to modify, limit or quash such an order shall be accompanied by a statement certifying that counsel for the moving or objecting party or the unrepresented individual have conferred or made a good faith effort to confer in an attempt to resolve the controversy by agreement, but that such efforts were not successful. (2) Examination by Notice. Examination and production of documents pursuant to Fed. R. Bankr. P. 2004 may be initiated by notice, if the entity to be examined consents.

The notice shall specify the scope of the examination and the date, time and place of the examination; describe any documents to be produced; and shall be served upon the debtor, the debtor’s attorney, the chapter 7, 11, 12 or 13 trustee as appropriate, the United States Trustee, and the entity to be examined. The notice must be filed and served no later than 14 days before the date set for the examination.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.