This rule is new and promulgates “Procedures for Assign-
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
ment and Administration of ‘Mega Cases’ in the Eastern District of Virginia.” This document is incorporated into a new Exhibit 16 to these Local Bankruptcy Rules. [New Rule effective 2/15/22.] RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES (A) Proponent to Give Notice Except as stated elsewhere in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Local Bankruptcy Rules, or by order of the Court, the proponent of any action shall give notice to all parties affected thereby. (B) Notice by Publication (1) Place of Publication: All notices requiring advertisement shall be published at least once unless otherwise required by rule or statute, and such notice shall be published in newspapers of general circulation as follows: (a) In proceedings at Alexandria, in the Washington Post. (b) In proceedings at Newport News, in the Daily Press. (c) In proceedings at Norfolk, in The Virginian-Pilot.
(d) In proceedings at Richmond, in the Times-Dispatch. (2) Time of Publication: All notices shall be published at least 7 days prior to requiring any action, and a longer notice shall be given when required by rule or statute or where deemed proper by the Court. (C) Service on United States Trustee Service on the United States trustee shall be made electronically to the following e-mailbox ad- dresses: Alexandria Division: [email protected] Richmond Division: [email protected] Norfolk and Newport News Divisions: [email protected] 18 RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES (D) Inspection of List of Creditors: When any person orders and receives a list of creditors from the Clerk, it shall be the responsibility of that person to inspect the labels to ensure that all parties required to receive notice are included thereon. (E) Notices to Equity Security Holders: Unless otherwise ordered by the Court, the debtor is re- sponsible for sending notice of the filing of the bankruptcy to equity security holders except when either: (1) the list of equity security holders is filed with the petition or (2) the equity security holders are included on the list of creditors filed with the petition.
(F) Requirement of Proof of Service: At the end of each pleading, motion or other document re- quired to be served upon a party, the proof of service shall be signed by counsel (or the pro se party) conforming to LBR 5005-1(D)(8). Comments 2002-1(D) This is a result of a suggestion from the bar to clarify and expand on service requirements on the U.S. Trustee. Whereas the Bankruptcy Code and FRBP require service of certain pleadings on the U.S. Trustee, there are many gray areas. This revision clarifies what documents not specifically required under the Bankruptcy Code and FRBP need to be served on the U.S. Trustee and what documents need to be filed with the Clerk of Court for transmittal by the Clerk to the U.S. Trustee.
The prior rule only related to documents and plead- ings in Chapter 11 cases, whereas this revision covers all chapters. 2002-1(E) Reference to the mailing labels has been deleted to reflect elimination of Item 15 of the Miscellaneous Fee Schedule to Bank- ruptcy Courts for mailing labels. If a party requests addresses or mail- ing labels and does not have access to PACER, the Court will provide a list of creditors in lieu of mailing labels. 2002-1(G) This change simplifies the proof of service language to note that it just needs to conform to LBR 5005-1(C)(8). [Change effective 2/1/00.] 2002-1(D)(3) This addition will allow parties the option to provide ser- vice to the United States Trustee’s offices by electronic mail to a cen- tral office location. [New rule effective 4/1/03.]
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