Notices to Creditors, Equity Security Holders, United States and U.S. Trustee.

(a) Chapter 11 Hearings. (i) (ii) Omnibus Hearings. The Court may, sua sponte or upon request of a party in interest made to the presiding Judge’s chambers, enter an order setting omnibus hearing dates for a chapter 11 case. Upon receiving omnibus hearing dates from the presiding Judge’s chambers, the requesting party must file a proposed order setting the omnibus hearing dates under certificate of counsel.

Unless the Court directs otherwise, and as time permits, the Court will hear the motions and applications duly noticed for the omnibus hearing in the order listed in the hearing agenda filed under Local Rule 9029-3. Special and Emergency Hearings. The Court may, sua sponte or upon request of a party in interest, schedule a special or emergency hearing date in a chapter 11 case for a specific motion or issue. The party requesting the hearing—or if requested by the Court, the party directed by the Court—must promptly file a notice of hearing on the docket specifying the date and time of the hearing and the issue before the Court—e.g., the title of the motion, “discovery conference,” etc. The hearing will be limited to the issues identified in the notice, and no party in interest may present any other motion or issue at the hearing without leave of the Court.

(b) (c) Serving Motions and Applications in Chapter 11 and 15 Cases. In chapter 11 and 15 cases, motions and applications—except matters specified in Fed. R. Bankr. P. 2002(a)(1), (4), (5), (7), 2002(b), 2002(f) and 2002(q) and Local Rules 4001-1 and 9013-1—must be served only on counsel for the debtor, counsel for the foreign representative, the U.S. Trustee, counsel for any official committee, counsel for any trustee, all parties who file a request for service of notices under Fed. R. Bankr. P. 2002(i), and all parties whose rights are affected by the motion or application. If an official unsecured creditors’ committee has not been appointed in a chapter 11 case, then the movant or applicant must serve the motion or application on the creditors identified in the list filed under Fed. R. Bankr. P. 1007(d). Service List in Chapter 11 and 15 Cases.

The claims agent must maintain a list of parties entitled to receive service required by Local Rule 2002-1(b), including specifying whether a party has opted to receive email service. Subject to any confidentiality or other restrictions imposed by rule or Court order, the claims agent must make the list available on the case website maintained by the claims agent and must provide a copy to any party upon request. If there is no claims agent, then counsel to the debtor or foreign representative, as applicable, is responsible for the duties under this Local Rule. (d) Entry of Appearance.

An entry of appearance filed in a case or adversary proceeding must identify the party appearing and its counsel, if applicable, and include the following information for counsel, or if unrepresented, the party: (i) mailing address; including a 14 street address for overnight and hand delivery; (ii) telephone number; and (iii) email address. (e) Notice and Claims Agent. The Court may at the First Day Hearing authorize the retention of a claims and noticing agent—“claims agent”—under 28 U.S.C. § 156(c) on motion substantially confirming to Local Form 134. A chapter 11 debtor with more than 200 parties identified in the list filed under Local Rule 1007-2(a) must file the motion with its petition or within 7 days thereafter, unless the Court orders otherwise.

The claims agent must comply with the Court’s Protocol for the Employment of Claims and Noticing Agents under 28 U.S.C. § 156(c) and perform the following functions: (i) Serve the following: (a) Notice of Chapter 11 Bankruptcy Case using the appropriate Official Form; (b) notice of any bar date for proofs of claim or interest; (c) notices of claims transfers; (d) objections to claims; (e) the notices required by Fed. R. Bankr. P. 2002(a)(5), 2002(b), 2002(d), 2002(f)(7), 2002(f)(11), 3017, 3019, and 3020; (f) notice of hearing on motions filed by the U.S. Trustee; and (g) any motion filed by the U.S. Trustee’s office to convert or dismiss the case, appoint a trustee, or appoint an examiner; (ii) File within 7 days after service a certificate of service referencing the document served and its docket number and indicating the name and complete address of each party served and the method of service; (iii) Maintain the original copy of every proof of claim or interest filed in the case; (iv) Maintain the official claims register, including by recording and notating, as applicable, claims transfers, claims objections, and all other filings affecting a claim, but not deleting any claim or claim information for any reason; (v) Maintain a separate claims register and separate creditor matrix for each debtor in jointly administered cases; (vi) File quarterly an updated claims register in alphabetical and numerical order or a certification of no claims activity if there has been no claims activity in the quarter; (vii) Maintain an up-to-date mailing list of all parties who have filed a proof of claim or interest or request for notices for each case, post the list to the claims agent’s website, and provide a copy of the list within 48 hours of a request; (viii) Provide public access to the claims register and complete proofs of claim— including attachments—at no charge through the claims agent’s case website, but protecting from public access any information protected by Court order or Local Rule 9037-1; (ix) Within 14 days after entry of an order dismissing a case or within 28 days after entry of a final decree, forward to the Clerk an electronic version of all proofs of claim, upload the creditor matrix into CM/ECF, and docket a final claims register; 15 If the case is jointly administered, then docket in the lead case a combined claims register containing claims from all cases; (x) Within 14 days after the earlier of entry of an order (a) converting the case or (b) terminating the services of the claims agent, (i) forward to the Clerk an electronic version of all proofs of claim, (ii) upload the publicly available portions of the creditor matrix into CM/ECF, (iii) forward to the Clerk the sealed portions of the creditor matrix in the format requested by the Clerk, and (iv) docket a final claims register. If the case is jointly administered, then docket in the lead case a combined claims register containing claims from all cases, and also docket a case-specific final claims register and creditor mailing matrix in each respective jointly administered case; and (xi) If there are more than 200 creditors, then upon conversion to a chapter 7 case, (a) continue to serve all notices required to be served at the direction of the chapter 7 trustee or the Clerk’s Office or (b) submit a proposed order terminating the claims agent’s services. (f) Cases with No Claims Agent. (i) (ii) In cases with no claims agent, the Clerk serves as the notice agent, and the debtor must timely provide the Clerk with a complete, accurate, and up-to-date creditor matrix consistent with Fed. R. Bankr. P. 1007 and the procedure set forth in Local Rule 2002-1(e)(x)(ii)-(iii).

The debtor must provide an updated creditor matrix within 14 days after entry of an order converting a case or within 28 days after entry of a final decree consistent with the procedure set forth in Local Rule 2002-1(e)(x)(ii)-(iii). Chapter 15 Cases. Unless otherwise ordered by the Court, the foreign representative is responsible for (i) the notice requirements under Fed. R. Bankr. P. 2002(q) and (ii) applicable duties in Local Rule 2002-1(e). Limiting Notice in Chapter 7, 12, and 13 Cases.

In a chapter 7, 12, or 13 case, the notices required by Fed. R. Bankr. P. 2002(a) may be limited to the parties specified in Fed. R. Bankr. P. 2002(h), without further order or direction of the Court. (g) (h) 16 Rule 2003-1 Submission of Interrogatories in Lieu of Live Testimony at Meetings Conducted under 11 U.S.C. § 341 in Chapter 7 and 13 Cases. (a) (b) (c) The Court may, for cause, permit a chapter 7 or 13 debtor to submit to examination by written interrogatories in lieu of the debtor’s live appearance at a meeting of creditors or equity security holders convened under 11 U.S.C. § 341. A motion for such relief must be served on the chapter 7 or 13 trustee (as applicable), the U.S. Trustee, and all parties who have filed a request for notices under Fed. R. Bankr. P. 2002.

The chapter 7 or 13 trustee, as applicable, determines the form of the written interrogatories. The debtor must file an original copy of the debtor’s answers to written interrogatories and serve a copy on the chapter 7 or 13 trustee, as applicable. 17 Rule 2004-1 Rule 2004 Examinations. (a) Motion: Certification of Conference Required.

Before filing a motion for examination or production under Fed. R. Bankr. P. 2004, the movant must attempt to meet and confer with the proposed examinee or, if represented, the examinee’s counsel, to arrange for a mutually agreeable date, time, place and scope of an examination or production. The motion for examination or production must include a certification of counsel by Delaware counsel either (i) that the required conference was held and no agreement was reached or (ii) why no conference was held. The motion must be accompanied by a notice of motion with an objection deadline at least 7 days after the motion is served and a hearing at least 14 days after the motion is served. (b) Examination on Parties’ Agreement.

(i) (ii) Examination Notice. A motion for examination or production under Fed. R. Bankr. P. 2004 is not required if the proposed examinee agrees to voluntarily appear or produce documents. A notice setting forth the identity of the examinee, and the date, time, place and scope of the examination or production must be filed and served in accordance with this Local Rule. Compelling Discovery; Protective Order.

A party seeking or providing discovery under an examination notice may move the Court under the examination notice for relief under Fed. R. Civ. P. 37(a)(1), (3), (4) and (5) or for a protective order. An attorney may issue a subpoena to the party providing discovery under the examination notice as appropriate to obtain documents or examination subject to the Examination Notice. (iii) Objection Deadline and Hearing. A party in interest may file an objection to the examination notice within 7 days after the examination notice is filed and served.

Unless the Court orders otherwise, Local Rule 7026-1 governs the objection, any response thereto, and the hearing on the objection. (c) Service Requirements. A motion or examination notice under this Local Rule must be served upon the following parties, through their counsel, if represented: (i) the debtor; (ii) the trustee; (iii) the U.S. Trustee; (iv) all official committees; and (v) the proposed examinee or party producing documents. (d) Informal Discovery.

Nothing in this Local Rule prohibits consensual informal discovery outside the provisions of Fed. R. Bankr. P. 2004 and this Local Rule. 18 Rule 2011-1 Certification of Debtor-in-Possession Status or Trustee Qualification. When evidence is required that a debtor is a debtor in possession or that a trustee has qualified, the Clerk, or the Clerk’s designee, may so certify in a document substantially conforming to Local Form 112A or 112B, as applicable. 19 Rule 2014-1 Employment of Professional Persons.

(a) (b) (c) Application for Approval. An application for approval of employment of a professional person under 11 U.S.C. § 327, 1103(a), or 1114 or Fed. R. Bankr. P. 2014 must be accompanied by a verified statement of the professional person under Fed. R. Bankr. P. 2014 and a proposed order. A professional employed or to be employed must promptly file and serve a supplemental verified statement disclosing any additional material information it learns relating to its employment, including any additional connections to parties in interest. Notice and Hearing.

Except for applications to retain claims agents under 28 U.S.C. § 156(c), which may be heard at the First Day Hearing, retention applications will be heard on the first omnibus or other hearing date that would allow at least 21 days’ notice of the hearing on the application. Professional Disclosure. A professional subject to this Local Rule must disclose its employment or intended employment of another professional for whom it intends to seek reimbursement under Local Rule 2016-1(f), but the Court may excuse disclosure if it would reveal privileged information or confidential litigation strategy. If disclosure is excused, the professional must still comply with the requirements of Local Rule 2016-1(f) to be reimbursed for payment made by it to the other professional.

20 Rule 2015-1 Debtor-in-Possession Bank Accounts in Chapter 11 Cases. (a) (b) Bank Accounts and Checks. Upon the debtor’s motion, the Court may, without notice and hearing, permit the debtor to use its existing bank accounts and use its existing pre-printed checks without including its bankruptcy case number or a “Debtor-in-Possession” designation, but once the debtor’s existing checks have been used, the debtor must include its bankruptcy case number and a “Debtor-in-Possession” designation on its checks. Section 345 Waiver.

Except as provided in Local Rule 4001-3, the Court will not grant a waiver of the investment requirements of 11 U.S.C. § 345 without notice and a hearing, but may grant an interim waiver of the requirements pending a final hearing (i) if the debtor has more than 200 creditors or (ii) for cause shown. 21 Rule 2016-1 Application for Compensation and Reimbursement of Expenses. (a) Scope of Rule. This Local Rule applies to: (i) (ii) An application of a professional person employed under 11 U.S.C. § 327, 328, or 1103 requesting approval for compensation or reimbursement of expenses; and A request for payment of an administrative expense under 11 U.S.C. § 503(b)(3) or 503(b)(4).

(b) Effect of Rule. The application or request must comply with the information and certification requirements listed in Local Rule 2016-1(c)-(g) and the respective compensation procedures order entered in the case or it will not be considered by the Court. (c) General Information Requirements. (i) (ii) The initial pages of the application must substantially conform to Local Form 101.

The application must explain any circumstances not apparent from the activity descriptions or that the applicant wishes to disclose, including special employment terms, billing policies, expense policies, voluntary reductions, reasons for using multiple professionals for a particular activity, or reasons for substantial time billed relating to a specific activity. (d) Information Requirements for Compensation Requests. The application must include activity descriptions with sufficient detail to allow the Court to determine whether the time is actual, reasonable, and necessary, including the following: (i) Activity descriptions divided into general project categories; (ii) Complete and detailed activity descriptions; (iii) The time allotted to each activity; (iv) Time records in tenth-of-an-hour increments; (v) The total fees requested for all activities within a particular time entry; (vi) The nature of the activity (e.g., phone call, research); (vii) The subject matter of the activity (e.g., exclusivity motion, section 341 meeting); (viii) A separate description and a time allotment for each activity (i.e., activity descriptions should not be lumped); (ix) Non-working travel time separately described and billed at no more than half of regular hourly rates; 22 (x) Activity descriptions that individually identify meetings and hearings, along with each participant, the subject of the meeting or hearing, and the participant’s role; and (xi) Activity descriptions in chronological order. (e) Information Requirements Relating to Expense Reimbursement Requests.

(i) (ii) The application must include an expense summary by category for the period of the request, including, for example, computer-assisted legal research, photocopying, airfare, meals and lodging. The application must also itemize each expense within each category, including the date the expense was incurred, the charge, and the individual incurring the expense, if available. Meal expense itemization must identify the meal (breakfast, lunch, etc.) and the number of persons attending. Travel expense itemization must identify the origin and destination, mode of transit, class of fare, and the name of the traveler.

(iii) The application must state the requested rate for copying charges (not to exceed $.10 per page for black and white copies and $.80 for color copies) and computer- assisted legal research charges (not to exceed actual cost). (iv) The applicant must retain and make available upon request receipts or other support for each expense. (f) Reimbursement of Payments Made to Other Professionals. If the application seeks reimbursement for payment the applicant made to another professional, then the applicant must provide the information required by subsections (c), (d), and (e) of this Local Rule for the services and expenses of the other professional.

(g) Certification Requirement. The application must contain a statement that the application complies with this Local Rule. (h) Waiver Procedure. An applicant may request that the Court, for cause shown, waive one or more of this Local Rule’s information requirements.

The request should be made in the applicant’s retention application, or as soon as possible thereafter, and must be served on debtor’s counsel, counsel to any official committee, and the U.S. Trustee. The caption of the application or motion must explicitly state that a waiver of one or more of this Local Rule’s information requirements is sought. (i) Form of Order. A proposed order submitted in connection with an application must specify the amount of fees and expenses requested.

In a case converted from chapter 11 to chapter 7, a proposed final fee order must provide that debtor’s counsel is required to file—within 14 days of entry of the final fee order—a notice identifying the amounts of the approved fees and expenses paid and then outstanding for all chapter 11 professionals. The chapter 11 professionals must timely provide debtor’s counsel with the information necessary to complete the notice. 23 (j) (k) (l) Fee Examiners. The Court, on motion of a party in interest or on its own motion, may appoint a fee examiner to review fee applications and make recommendations for approval.

The fee examiner’s authority terminates upon conversion of a chapter 11 case to chapter 7, unless retained by the chapter 7 trustee or otherwise ordered by the Court. Final Fee Applications in Chapter 7 Asset Cases. An estate professional must file a final fee application in a chapter 7 asset case but may not notice the application for hearing. Instead, the hearing must be stated as “TBD.” The application need only be served on the chapter 7 trustee and the U.S. Trustee.

After the Trustee Final Report is filed, the Court will (i) notice the hearing for the application and provide for the objection deadline and (ii) serve the notice of the application. If the estate professional inadvertently notices the application for hearing, it must include language in the proposed form of order that “fees are subject to disgorgement pending approval of TFR.” Hearings on Fee Applications in Chapter 11 Cases. Interim fee applications in a chapter 11 case will be considered in accordance with the interim compensation procedures order entered in the case. Unless the order provides otherwise, the hearing on interim fee applications will be scheduled on a quarterly omnibus hearing date.

The hearing dates must be designated on the proposed order scheduling omnibus hearings. Fee applications and related CNOs and CoCs must only be submitted to the Court in advance of a fee hearing in accordance with Local Rule 9029-3.

24 PART III.

CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS