(a) CHAPTER 7, 12 AND 13 CASES. Except as provided in Local Rules 2016-1 and 6004-1, all notices under Federal Rule of Bankruptcy Procedure 2002 in a chapter 7, 12 or 13 case shall be given to each entity listed in the matrix referred to in Local Rule 1007-2.
(b) CHAPTER 11 CASES.
(2) Limited and General Notice. Unless ordered otherwise, all notices under Federal Rule of Bankruptcy Procedure 2002(a)(2), (a)(3) and (a)(7), except a notice of a proposed sale of all or substantially all the debtor’s assets, shall be given as required by Local Rule 9013-3(a)(2). The United States Trustee or any other party in interest may request by application an order expanding such notice to include all creditors. All other notices to creditors under Federal Rule of Bankruptcy Procedure 2002 shall be given to each entity listed in the matrix referred to in Local Rule 1007-2 and to each additional entity as required by Local Rule 9013-3(a)(2).
(3) Notice to Equity Security Holders. Unless ordered otherwise, all notices under Federal Rule of Bankruptcy Procedure 2002(d) shall be mailed to each equity security holder.
(c) NO ADDRESS. Neither the clerk, the debtor nor the moving party need provide notice to any entity listed with no address or “address unknown” in the matrix referred to in Local Rule 1007-2.
(d) OMITTED CREDITORS; CORRECTED ADDRESSES.
< style=”padding-left:60px;”p> (i) After transmission by the clerk of the notice of the meeting of creditors, the debtor shall transmit a copy of the notice of the meeting of creditors to any entity not listed at the time on the matrix referred to in Local Rule 1007-2, and shall add those creditors to the matrix.
(ii) The debtor or a creditor or its authorized agent may add the name and address of an omitted creditor, an authorized agent for a creditor, or a new or corrected name or address for any creditor to the matrix.
(a) NOTICES PREPARED BY MOVING PARTY. Except as provided otherwise in this rule, an entity moving for relief which requires notice under Federal Rule of Bankruptcy Procedure 2002 shall give the notice and file proof of such notice.
(b) NOTICES PREPARED BY CLERK. Except as provided in paragraph (f) of this rule, the clerk shall give notice of: 1) the order for relief and the meeting of creditors; 2) a hearing on the approval of a disclosure statement; 3) a hearing on confirmation of a chapter 12 or 13 plan; 4) confirmation of a chapter 11 or 12 plan; 5) revocation of confirmation of a plan; 6) a hearing on a motion for hardship discharge in a chapter 12 or 13 case; 7) the debtor’s discharge; 8) denial or revocation of the debtor’s discharge; and 9) dismissal or conversion of a case.
(c) NOTICES PREPARED BY TRUSTEE.
(1) Disposition of Property. Except as provided in Local Rules 6004-1(b), 6007-1, and 9019-1, the trustee in a chapter 7 asset case shall give notice of sale, abandonment or other disposition of property or compromise or settlement of a controversy, which shall conform substantially to Local Form 6004-1(a).
(2) Final Report and Account. The trustee in a chapter 7 case shall give notice of the trustee’s final report and account.
(d) NOTICES PREPARED BY DEBTOR IN POSSESSION. In a chapter 11 case, if the debtor in possession does not file a list of equity security holders, the debtor in possession shall give notice required under Federal Rule of Bankruptcy Procedure 2002(d) and file proof of such notice. The proof of notice shall not include a list of the equity security holders, but shall state the total number of such holders and identify the person who provided notice and the custodian of the records containing the names and addresses of such holders. The notice of the order for relief shall conform substantially to Local Form 2002-4(d).
(e) NOTICES PREPARED BY PARTY REQUESTING EXPANDED NOTICE. If the court in a chapter 11 case grants an application under Local Rule 2002-1(b)(2) for expanded notice, the applicant or the moving party shall give new notice.
(f) EXCEPTIONS. The clerk may instruct the debtor or the moving party to mail any notice.
(a) ONE ATTORNEY PER NOTICE. A separate request for notice or notice of appearance must be filed for each attorney seeking electronic notice. A single request for notice or notice of appearance that identifies multiple attorneys will result in only the attorney first identified receiving notice.
(b) OTHER ATTORNEYS
(1) If an attorney who is not admitted to practice in the district court wishes to receive electronic notice, the attorney must register as a Filing User of the court’s Electronic Case Filing System in accordance with Local Rule 9010-3(h).
(2)The filing of a request for notice or notice of appearance by an attorney who is not admitted to practice in the district court does not require the filing of a petition for admission pro hac vice. [Attorney admission is governed by Local Rule 9010-3(a) and (c).]
(c) ATTORNEYS AND ENTITIES THAT ARE NON-FILING USERS. A request for notice or notice of appearance that is filed by an attorney or entity who is a non-Filing User will result in notice by regular mail only.
(d) WITHDRAWAL. Any entity wishing to withdraw its request for notice or notice of appearance shall give notice of withdrawal that complies substantially with Local Form 2002-5.
Fed. R. Bankr. P. Reference 9010.
In a chapter 7, 12 or 13 case, for purposes of Federal Rule of Bankruptcy Procedure 4003(b), the meeting of creditors shall be deemed concluded on the first date set for such meeting, unless 1) the trustee files a statement specifying the date and time to which the meeting is adjourned or 2) if no meeting is convened within 28 days after the first date set for such meeting, the trustee files a notice of nonconcluded meeting of creditors and serves such notice on the debtor, the attorney for the debtor, the United States Trustee, each entity that appeared at the meeting of creditors, and each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b). If a statement regarding adjournment or notice of nonconcluded meeting is filed, and unless ordered otherwise, the meeting shall not be deemed concluded until a report is filed by the trustee stating that the meeting has been concluded.
(a) APPLICATION FOR APPROVAL. Any entity seeking approval of employment of a professional person pursuant to § 327 or § 1103(a) of the Code and Federal Rule of Bankruptcy Procedure 2014 shall file an application, a supporting affidavit or verified statement of the professional person, and a proposed order and transmit these to the United States Trustee, the trustee or examiner, all committees, and in a chapter 11, 12 or 13 case on the debtor’s attorney.
(b) REPORT. Within seven days after receipt of the application, the United States Trustee shall file a report regarding the proposed employment. If the United States Trustee objects to the employment of the applicant, the United States Trustee shall notify the applicant and the applicant shall schedule a hearing on the application and give notice of the hearing to the parties listed in subsection (a) of this rule. An order approving such employment is effective as of the date the application was filed.
(c) SCOPE OF EMPLOYMENT. An entity seeking approval of employment of a professional person for a purpose other than carrying out the entity’s duties under the Code shall make a separate application, specifying the professional’s proposed duties.
Upon being served with a copy of a motion to dismiss or convert a case, to remove a debtor as debtor in possession, or for relief from the automatic stay, the trustee in a chapter 12 or 13 case shall transmit to all parties in interest and file a brief verified report containing information on the payments made by the debtor to the trustee and timeliness thereof, the payments made by the trustee to each secured creditor and to creditors in general, and the trustee’s recommendations, if any, to the court.
In addition to the notice required under Federal Rule of Bankruptcy Procedure 2015.1(a), a patient care ombudsman shall give notice of the patient care ombudsman’s report to each entity that issues licenses to or regulates the debtor or the debtor’s principal.
(a) CHAPTER 7 CASES. A professional person seeking compensation in a chapter 7 case shall file an application complying with paragraph (c) of this rule and serve copies on the trustee and the United States Trustee. The application shall be reviewed as part of the trustee’s interim or final report and account.
(b) CHAPTER 11, 12 AND 13 CASES. Except as provided in paragraph (d) of this rule, a request for an order allowing or authorizing payment of compensation of a professional person in a chapter 11, 12 or 13 case shall be made by motion, but no memorandum of facts and law is required. The application shall comply with paragraph (c) of this rule. The applicant shall give at least 21 days notice of the hearing on the application to the parties required by Federal Rule of Bankruptcy Procedure 2002(a)(6) and Local Rule 9013-3.
(c) CONTENTS OF APPLICATIONS. Except as provided in paragraph (d) of this rule, an application for compensation of a professional person shall
(1) Include a copy of the order, if any, approving the applicant’s employment or, if the applicant is a trustee or an examiner in a chapter 11 case, a copy of the applicant’s appointment by the United States Trustee;
(2) State the date and amount of any retainer paid to the applicant and its source;
(3) State the dates and amounts of all previous applications and their dispositions, including amounts allowed and paid;
(4) State the date that a plan, if any, was confirmed;
(5) Itemize all unpaid administrative expenses known to the applicant or the applicant’s client;
(6) State in narrative form the services performed, the amount of time involved, the results achieved and the amount requested for fees and reimbursement of expenses;
(7) Include an itemization of time separated by task or proceeding stating for each task or proceeding:
(i) A description of the task or proceeding;
(ii) A detailed list and description of each increment of time expended on the task or proceeding; and
(iii) The name and capacity of the person who expended the time;
(8) State the hourly rate being charged for each person whose time is included in the application; and
(9) Provide a detailed itemization of all expenses, including unit costs where applicable.
(d) DEBTORS’ ATTORNEYS IN CHAPTER 13 CASES.
(1) Preconfirmation Services.
(i) A debtor’s attorney in a chapter 13 case may request an order allowing or authorizing payment of compensation by simplified application, and the court may issue the requested order without a hearing, provided that the amount of compensation does not exceed $3,0001 for cases below the applicable median family income and $3,5002 for cases at or above the applicable median family income, as determined on Official Form 122C-1. The simplified application need not comply with Federal Rule of Bankruptcy Procedure 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1.
(ii) A debtor’s attorney in a chapter 13 case who represents the debtor in a motion to value claim brought pursuant to Local Rule 3012-1 may request an order allowing or authorizing payment of compensation by simplified application, and the court may issue the requested order without a hearing, provided that the amount of compensation does not exceed $4,000 for that motion. The simplified application need not comply with F.R.Bankr. P. 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1.
(2) Postconfirmation Services. In a chapter 13 case, an attorney who represents a debtor after confirmation of a plan in resolving motions for relief from stay and motions for dismissal, filing motions for sale of real estate and motions objecting to claims, preparing, assisting the debtor in preparing and submitting required disclosures under 11 U.S.C. § 521(f)(4), or assisting the debtor in responding to requests for information made in connection with an audit conducted pursuant to 28 U.S.C. § 586(f) may request an order awarding compensation and/or reimbursement of expenses by simplified application, and the court may issue the requested order without a hearing, if the amount of the requested compensation does not exceed $500.3 per application. An attorney who represents a debtor after confirmation of a plan in serving and filing a modified plan may likewise request an order awarding compensation and/or reimbursement of expenses by simplified application if the amount of the requested compensation does not exceed $750.4 per application. The simplified application need not comply with F.R.Bankr.P. 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1. No more than five applications may be filed under this subdivision in a case, except that applications for services rendered pursuant to 11 U.S.C. § 521(f) will not be counted toward this limit. Any order made under this rule is subject to review at any time.
(3) Notwithstanding F.R.Bankr. P. 2002(a)(6), notice of applications filed in compliance with this subdivision (d) need not be given.
(e) COMPENSATION OF BANKRUPTCY PETITION PREPARERS.
(1) A bankruptcy petition preparer must complete, sign and cause to be filed with the petition the bankruptcy petition preparer’s notice, declaration, and signature (Official Form 119) and disclosure of compensation of bankruptcy petition preparer (Director’s Form 2800).
(2) A bankruptcy petition preparer’s compensation in a Chapter 7 or Chapter 13 case is limited to $90.00, unless additional compensation is authorized under paragraph (3) of this rule.
(3) Any bankruptcy petition preparer paid more than $90.00 in any individual case must file a motion for an order authorizing such fee. No memorandum of facts and law is required. The motion must comply with paragraph (c) of this rule and shall be filed not later than 21 days before the hearing date.
(4) Any bankruptcy petition preparer paid more than $90 without court approval, or who fails to comply with any requirements of the Bankruptcy Code or national or local rules, including but not limited to 11 U.S.C. § 110 and paragraph (c) of this rule, is subject to sanctions, including disgorgement of compensation, under 11 U.S.C. §110.
(5) The Clerk must provide a copy of this paragraph (e) to each pro se debtor within ten days after the filing of such debtor’s petition.
1 This amount applies only to cases filed on and after May 1, 2015. For cases filed before May 1, 2015, this amount is $2,500.
2 This amount applies only to cases filed on and after May 1, 2015. For cases filed before May 1, 2015, this amount is $3,000.
3 This amount applies only to cases filed on and after May 1, 2015. For cases filed before May 1, 2015, this amount is $300.
4 This amount applies only to cases filed on and after May 1, 2015. For cases filed before May 1, 2015, this amount is $500.
(a) IN CONNECTION WITH APPEARANCE. An entity required to file a verified or supplemental statement under Federal Rule of Bankruptcy Procedure 2019 and who intends to take a position before the court shall file such verified or supplemental statement. If the entity required to file the verified or supplemental statement is moving the court for relief, such verified or supplemental statement shall be filed no later than the filing of such entity’s moving documents in accordance with Local Rule 9006-1(b). If the entity is filing responsive documents or wishes to be heard at the hearing, if any, on moving documents, the entity shall file the verified or supplemental statement no later than the time for filing of responsive documents under Local Rule 9006-1(c), unless expedited relief is sought. In the case of expedited relief, the verified or supplemental statement shall be filed no later than the start of the hearing.
(b) IN CONNECTION WITH BALLOT SOLICITATION. An entity required to file a verified or supplemental statement under Federal Rule of Bankruptcy Procedure 2019 and who intends to solicit votes regarding confirmation of a plan shall file the verified or supplemental statement no later than the date of the entry of the order approving the disclosure statement. Such verified or supplemental statement shall be filed in accordance with Local Rule 9013-3(a).
(a) SERVICE. Proofs of claim, and pleadings filed in adversary proceedings arising under §523 of the Code, shall not be served on the United States Trustee.
(b) REPORTS; INFORMATION. The trustee and the debtor shall comply with all reasonable requirements promulgated by the United States Trustee with respect to filing reports and furnishing information and the debtor shall cooperate with the trustee and the United States Trustee in furnishing information reasonably required for the proper administration of the estate. Such reports and information shall not be filed with the clerk.
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