ClickCease

Rule 9013-3. Motions: Service, Transmittal and Notice

(a) MOVING DOCUMENTS.

(1) Chapter 7, 12 and 13 Cases. Except as provided in Local Rules 2002-1, 3007-1, and 3019-2 moving documents in a chapter 7, 12 or 13 case shall be served on: 1) the debtor; 2) the trustee; 3) each entity against whom relief is sought; 4) each entity claiming a lien or other interest in property if any property is involved; and 5) any other entity required to be served by the Federal Rules of Bankruptcy Procedure or the Local Rules. The moving documents shall be transmitted to: 1) the attorney for the debtor; 2) the United States Trustee; 3) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b); 4) in a chapter 7 case, each member of the committee of creditors, if any; and 5) in a chapter 12 case, the United States Attorney for the District of Minnesota. Notice of the motion shall be given to any other parties required to receive notice of the motion pursuant to the Federal Rules of Bankruptcy Procedure, including, but not limited to, Rule 2002.

(2) Chapter 11 Cases. Unless on application the court for cause orders either expanded or restricted service and except as provided in Local Rules 2002-1(b), 3007-1, and 3019-2, moving documents in a chapter 11 case shall be served on: 1) the debtor; 2) the trustee or examiner; 3) each entity against whom relief is sought; 4) each entity claiming a lien or other interest in property if any property is involved; and 5) any other entity required to be served by the Federal Rules of Bankruptcy Procedure or the Local Rules. The moving documents shall be transmitted to: 1) the attorney for the debtor; 2) the United States Trustee; 3) all committees; 4) the twenty largest unsecured creditors if no committee of creditors holding unsecured claims has been appointed; 5) each major secured creditor; 6) the Internal Revenue Service; 7) the Collection Division of the Minnesota Department of Revenue; 8) the United States Attorney for the District of Minnesota; 9) each creditor that is a governmental unit; and 10) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b). Notice of the motion shall be given to any other parties required to receive notice of the motion pursuant to the Federal Rules of Bankruptcy Procedure, including, but not limited to, Rule 2002.

(3) Health Care Business. In addition to the entities required to be served under paragraphs (1) and (2) of this rule, moving documents seeking a determination that the appointment of a patient care ombudsman is not necessary for the protection of patients shall be served on each entity that issues licenses to or regulates the debtor or the debtor’s principal.

(b) RESPONSIVE DOCUMENTS. Unless ordered otherwise, responsive documents shall be served on the moving party. Responsive documents shall be transmitted to: 1) the attorney for the debtor; 2) the trustee or examiner; 3) the attorneys for all committees; and 4) the United States Trustee.

Fed. R. Bankr. P. Reference 7005; Fed. R. Civ. P. Reference 5(b).