Notices

Notices given under Fed. R. Bankr. P. 2002 must be given as ordered by the court. If the court does not enter a separate order directing the method of notice, then notices shall be given as follows: (a) Twenty-One-Day Notices to Parties in Interest. (1) The Bankruptcy Clerk, or a separate entity, if so directed by the court, shall give the notice required by Fed. R. Bankr. P. 2002(a)(1) (notice of the meeting of creditors under § 341 or § 1104(b utilizing the appropriate Official Forms. In a chapter 12 or 13 case, the notice required by Fed. R. Bankr. P. 2002(a)(1) and the appropriate Official Form shall also provide the time fixed for filing proofs of claim under Fed. R. Bankr. P. 3002(c).

In a chapter 7 case, the notice required by Fed. R. Bankr. P. 2002(a)(1) may include a statement to the effect that there are no assets from which a dividend can be paid; that it is unnecessary to file claims; and that if enough assets become available to pay a dividend, further notice will be given for the filing of claims, as described in Fed. R. Bankr. P. 2002(e). (2) The proponent of the proposed use, sale, or lease of property of the estate, other than in the ordinary course, shall prepare and give the notice required by Fed. R. Bankr. P. 2002(a)(2). 8 (3) (4) (5) (6) (7) (8) One (1) of the parties proposing a compromise or settlement of a controversy shall give the notice required by Fed. R. Bankr. P. 2002(a)(3). The proponent of dismissal or conversion shall prepare and give the notice of hearing on the motion required by Fed. R. Bankr. P. 2002(a)(4).

The proponent of the proposed plan modification shall give the notice of the time fixed to accept or reject the proposed modification of the plan as required by Fed. R. Bankr. P. 2002(a)(5). The applicant seeking compensation or reimbursement of expenses shall give the notice required by Fed. R. Bankr. P. 2002(a)(6). 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 under Fed. R. Bankr. P. 3003(c), as required by Fed. R. Bankr. P. 2002(a)(7), shall be served by the trustee or debtor in possession. The proponent of the chapter 12 plan shall provide notices required by Fed. R. Bankr. P. 2002(a)(8) (time fixed for filing objections to the plan and the date of the hearing to consideration confirmation of the plan).

(9) The proponent of the chapter 13 plan shall give the notice required by Fed. R. Bankr. P. 2002(a)(9) (the time fixed for filing objections to a plan). (b) Twenty-Eight-Day Notices to Parties in Interest. The notices required by Fed. R. Bankr. P. 2002(b)(1) and (b)(2) shall be given by the party whose disclosure statement is being considered or by the proponent of the plan, as the case may be. (c) Thirty-Five-Day Notices to Parties in Interest.

The notice required by Fed. R. Bankr. P. 2002(b)(3) (time fixed for the hearing to consider confirmation of a chapter 13 plan) shall be given by the Bankruptcy Clerk or some other person as the court may direct; this notice may be combined with the notice of the time fixed for the meeting of creditors pursuant to LBR 2002-1(a)(1). This notice shall be sent at least thirty-five (35) days prior to the date fixed for the hearing to consider confirmation of a chapter 13 plan. (d) 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 Fed. R. Bankr. 9 P. 2002 shall be served in accordance with subdivisions (a)(2), (4), (5) and (b) of this LBR 2002-1. (e) Other Notices. (1) (2) (3) The notices required by subdivisions (f)(1)(A), (D), (E) and (F) of Fed. R. Bankr. P. 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 Local Bankruptcy Rule. Notice of the dismissal of a case under chapter 7 or 11 shall be served by the Bankruptcy Clerk or some other person as the court may direct, 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 Bankruptcy Clerk. The notices required by subdivisions (f)(1)(G), (I), (J), (K) and (L) of Fed. R. Bankr. P. 2002 shall be served by the Bankruptcy Clerk or some other person as the court may direct. (4) The notice required by subdivision (f)(1)(H) of Fed. R. Bankr. P. 2002 shall be served by the proponent of the confirmed plan. (f) 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 LBR 1007-1(a) has not been filed. (g) Notices to Creditors Whose Claims Are Filed. In a chapter 7 case, where notice of insufficient assets to pay a dividend has been given to creditors pursuant to Fed. R. Bankr. P. 2002(e), after ninety (90) days following the mailing of a notice of the time for filing claims pursuant to Rule 3002(c)(5), all notices required by subdivision (a) of this Local Bankruptcy Rule may be mailed only to the debtor, the trustee, all indenture trustees, creditors that hold claims for which proofs of claim have been filed, parties who have filed a request for notices with the Bankruptcy Clerk and creditors, if any, that are still permitted to file claims by reason of an extension granted pursuant to Fed. R. Bankr. P. 3002(c)(1) or (c)(2). In a chapter 12 case or chapter 13 case, after the expiration of time to file a claim under Fed. R. Bankr. P. 3002(c), all notices required by subdivision (a) of this Local Bankruptcy Rule may be mailed only to the debtor, the trustee, creditors that hold claims for which proofs of claim have been filed, parties who have filed a request for notices with the Bankruptcy Clerk and creditors, if any, that are still 10 permitted to file claims by reason of an extension granted pursuant to Fed. R. Bankr. P. 3002(c)(1) or (c)(2).

(h) 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. (i) Other Parties. The Bankruptcy Court may require notices to be served by the parties other than those specified in these Local Bankruptcy Rules.

(j) 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. Transmission of the notice or order of extension of time to a registered user via the CM/ECF system, constitutes service of the notice as permitted by Local Bankruptcy Rule 9013-1(c).