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L.B.R. 2081-2. Chapter 11 – Certain Notices

(a)  Notice to 20 Largest Unsecured Creditors.  If notice to the 20 largest unsecured creditors is required, and there are less than 20 unsecured creditors of the estate, the certificate of service must indicate that all unsecured creditors were noticed.

(b)  Notice on Committees.  If notice to a creditors’ or equity security holders’ committee is required, notice must be made on the committee’s attorney.  If the committee has no attorney of record, notice must be made upon all members of the committee.

(c)  Limited Notice List.  A chapter 11 debtor may file a motion to establish a limited notice list for matters where notice is not otherwise governed by the Bankruptcy Code, Fed. R. Bankr. P., or these Rules.

(1)  Motion.  A motion seeking a limited notice list must include the following:

(A) a statement of the cause necessitating a limited notice list;

(B) the types of pleadings the limited notice list will apply to (i.e., limited notice on one pleading or throughout the remainder of the case); and

(C) the names of the creditors and parties the debtor seeks to place on the limited notice list.

(d)  Minimum Requirements.  Unless otherwise ordered, a limited notice list must include the following:

(1)      the United States Trustee;

(2)      any appointed chapter 11 trustee or examiner;

(3)      any appointed creditors’ or equity security holders’ committee;

(4)      if there is no committee, the 20 largest unsecured creditors;

(5)      all secured creditors (Schedule D);

(6)      all priority creditors (Schedule E);

(7)      those parties who have filed an entry of appearance and request for all notices;

(8)      parties against whom relief is sought by the particular intended action;

(9)      the debtor’s attorneys; and

(10)   any additional parties as directed by the Court.

 

Commentary

This Rule does not eliminate the need for notice pursuant to the Bankruptcy Code, Fed. R. Bankr. P., or these Rules.  Use of the Limited Notice List is not effective until the Court enters an order.  See L.B.R. 1015-1 regarding comprehensive service lists and motions in jointly administered cases.

Motions applying to fewer than all of the jointly administered cases must be filed in the lead case.