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Local Rules

(a)  Debtor’s Request for Continuance of 11 U.S.C. § 341 Meeting of Creditors Prior to Scheduled Meeting.  A debtor’s request to continue the meeting of creditors must be in writing and served on the appointed trustee in debtor’s case.  The trustee must receive the request no later than seven days prior to the scheduled meeting.  It is the trustee, and not the Court, who must approve the request.  Therefore, the debtor should not file the request with the Court.  If the trustee consents to the continuance, then the debtor must immediately file a notice of continued meeting with the Court, serve a copy of the notice on the trustee, all creditors, and parties in interest, and file a certificate of service with the Court evidencing it.

(b)  Continuance of 11 U.S.C. § 341 Meeting of Creditors at the Scheduled Meeting.  In the event a meeting of creditors is continued at the scheduled meeting, the chapter 7 trustee or chapter 13 trustee, as applicable, must file a notice of such continued meeting with the Court indicating the date and time of the continued meeting within seven days.

(c)   Extension of 11 U.S.C. §§ 523 and 727 Deadlines.  A continuance of the meeting of creditors does not automatically extend the deadline to object to the discharge of a debtor in a chapter 7 or the dischargeability of a particular debt owed by the debtor in either chapter 7 or chapter 13.  Parties must request extensions of these deadlines as required by Fed. R. Bankr. P. 9006.

(a)  Ex Parte Application.  An order for examination pursuant to Fed. R. Bankr. P. 2004 may be issued by the Court on the ex parte application of a party in interest.  The moving party must file an appropriate motion together with a proposed order.  Such proposed order may not contain provisions in substitution of a subpoena or subpoena duces tecum available pursuant to Fed. R. Civ. P. 45.

(b)  Time.  Unless otherwise ordered by the Court for good cause shown, the date for the examination or production of documents sought under Fed. R. Bankr. P. 2004(a) must be not less than 14 days after service, by the movant, of the examination order on the party to whom it is directed.

Promptly after a trustee or successor trustee is appointed in a chapter 11 case, the trustee must file and serve notice of such appointment on all creditors and parties in interest, and to such other parties as the Court may direct, in each pending action, proceeding, or matter.

(a)  Applications Requiring Notice.  Notice of an application to employ a professional person under 11 U.S.C. § 327 must be given if any of the following circumstances or conditions are present:

(1)  The professional files an application for retention that identifies a potential conflict may exist.  In such cases, the application and notice must state sufficient facts for parties in interest to determine whether a conflict of interest exists, including whether the professional represented the debtor prepetition;

(2)  The professional’s retainer or other fees have been, or will be, paid by a third party payor.  In such cases, the application must include a verified statement of the debtor disclosing all transfers by the debtor to the entity providing the retainer and any other circumstances that may create a conflict of interest between the debtor and the payor.  The payor must retain independent counsel or provide a written acknowledgement that the debtor’s attorney’s duty of loyalty is owed solely to the debtor, and not to the payor;

(3)  The professional represents multiple debtors in related or jointly administered cases;

(4)  A trustee seeks to employ his or her own firm;

(5)  The professional proposes to be paid under non-traditional compensation arrangements (e.g., flat fee agreement or contingency fee agreement);

(6)  The professional asserts a lien on the debtor’s property;

(7)  The debtor owes the professional payment for services rendered pre-petition, in which case the notice must state the amount of fees owed and whether the professional has received any preferential payments under 11 U.S.C. § 547(b); or

(8)  The Court orders notice for any other reason.

(b)  Applications When Notice is Not Required.  If notice of an application to employ a professional person is not required, the Court may enter an order approving the employment on an ex parte basis.  If the professional requests entry of an order approving the application prior to the time specified in Fed. R. Bankr. P. 6003(a), then the application must set forth a sufficient factual basis to establish immediate and irreparable harm will occur if not granted earlier approval. 

(c)   No Retroactive Approval of Applications.  Unless otherwise stated, an Order granting an application to employ a professional will be effective as of the date of filing of the application.  Requests for nunc pro tunc or retroactive approval to a date prior to the filing date of the application will not be granted absent a showing of extraordinary circumstances.

(d)  Retainers.  Professionals who receive or propose to receive a retainer in connection with a bankruptcy case must seek approval of the retainer by separate motion and notice.  The motion and notice must include:

(1)  the amount of any retainer received or proposed;

(2)  the source of the payment or retainer; and

(3)  whether the professional’s fees are paid by a principal, insider, or affiliate of the debtor.

(a)  Form of Fee Application.  Except for those applying for fees pursuant to L.B.R. 2016-3(a), every request for professional compensation to be paid by the estate pursuant to 11 U.S.C. §§ 330 or 331 must include:

     (1)  A completed cover sheet in substantial conformity with L.B.F. 2016-1.1;

     (2)  A fee application that contains the following information:

(A) Introduction.  The introductory statement must set forth a brief history of the case, pending matters, and future matters anticipated before closure of the case.

(B) Narrative by Category.  The professional fee application must contain a narrative that describes the work performed divided in categories of major/significant services.  Within each category, the narrative must describe:

(i)    the nature of the services;

(ii)   the results obtained, if any;

(iii) the benefits to the estate;

(iv) a general description of any additional work remains to be done with respect to the matter;

(v)   a statement of the number of hours spent on the particular matter and by whom; and

(vi) the portion of the total fee applicable to the particular category.

(C) Time Records.

(i)    The fee application must attach as a separate exhibit a copy of detailed time entries from records kept contemporaneously by the applicant, including the date of the work performed, the individual performing the services, an allocation of time spent on each task (expressed in tenths of an hour), the total fee for each task, and a detailed description of the work performed.

(ii)   No Lumping.  Daily entries by each professional must contain separate time allocations for each separate task.

(iii) The applicant must establish separate billing categories for daily time entries so that the time entries of all professionals working on a particular matter will be billed separately to that matter.

(D) Expense Records.  The applicant should retain cost/expense invoices or documentation for items over $50 in the event that the Court or an objecting party questions the expense.

(3)  No Retroactive Fees.  The application must not seek to obtain compensation for services rendered prior to the effective date of the Order approving the employment of the applicant

(4)  Jointly Administered Cases.  In jointly administered cases, the applicant must file its fee application only in the lead case.  Regardless of whether the applicant has performed services for the estate of more than one debtor, all services must be included in a single fee application.  If the applicant has performed services for more than one estate, then the fee application must include a proposed allocation of the fees to be billed to each separate estate.

(a)  Interim Compensation Requests.  Pursuant to 11 U.S.C. §§ 330 and 331 and this Rule, the Court may authorize the debtor to pay professionals’ interim fees and expenses subject to final approval.  Formal applications for interim compensation must comply with Fed. R. Bankr. P. 2016(a) and L.B.R. 2016-1.  If the amount of fees and expenses requested exceeds $1,000, notice of the application must be given in accordance with Fed. R. Bankr. P. 2002(a)(6), L.B.R. 9013-1, and any order entered by the Court in the case.

(b)  Authorization for Payment In Advance of Formal Fee Application.  The Court may authorize procedures permitting the debtor to pay professionals interim fees and expenses in advance of a formal fee application (“Interim Advance Payments”).  The motion authorizing procedures for Interim Advance Payments must include the following:

(1)  Necessity and Feasibility of Interim Advance Payments.  A motion seeking authorization for Interim Advance Payments must include the following:

(A) Statement of the cause necessitating Interim Advance Payment procedures;

(B) Verification by the debtor that the debtor’s cash flow allows it to pay its professionals and other potential administrative priority claimants on a monthly or other specified interim advance basis;

(C) Projection of monthly fees and expenses by the professional(s) seeking interim advance payment procedures;

(D) Any additional information necessary and appropriate to support the allowance of interim advance payment procedures; and

(E) Notice of the motion must be given in accordance with Fed. R. Bankr. P. 2002(a)(6), L.B.R. 9013-1, and any order entered by the Court in the case.

(2)  Authorization of Payment.  The estate’s representative must be authorized to pay, and the professional may seek or accept, Interim Advance Payments when and only to the extent that (a) funds are available to pay all professionals and other known administrative priority claimants, and (b) the professional has fully complied with the order authorizing the Interim Advance Payment procedures, including notice and objection provisions set forth herein.

(3)  Holdback Amount.  Provided the professional complies with the provisions set forth herein, the professional may receive 80% of the fees (with the remaining 20% referred to as the “holdback”) and 100% of the expenses not subject to an unresolved objection, as provided in L.B.R. 2016-2(b)(8)(D).  The professional may seek authorization for payment of the holdback amount as part of a subsequent formal interim fee application.  To the extent any fees or expenses are not approved by the Court, they must be offset against the 20% holdback or be disgorged from the professional as appropriate.

(4)  Monthly Billing Statements. 

(A) Deadline.  Within 14 days from the end of the monthly billing cycle for which Interim Advance Payments are sought, the professional must prepare a detailed monthly statement (“Monthly Statement”).  If the professional fails to seek Interim Advanced Payments within 14 days, then the professional must await the next monthly billing cycle to obtain payment or await the formal fee application process to obtain payment. 

(B) Notice.  Notice must be provided to the Noticed Parties described in L.B.R. 2016-2(b)(7). 

(C) Content.  The Monthly Statement must comply with L.B.R. 2016-1(a)(2)(B))

(5)  Reimbursement of Expenses.  Monthly Statements seeking the reimbursement of expenses must include a summary of expenses by category.  Whenever a person pays expenses for others, the other person must be identified.  It is not necessary to attach supporting documentation for expenses incurred to the Monthly Statement, unless and until the expense is challenged or questioned.

(6)  Redaction of Confidential Information.  The description of any service that is confidential in nature may be redacted from the Monthly Statements, but professionals must endeavor to use descriptions that allow adequate review of their services without compromising sensitive commercial information, attorney work product, or other privileges.  If a redacted entry is questioned, these entries are to be treated as an Informal Objection, as set forth in L.B.R. 2016-2(b)(8)(A).  For allowance of the fees for the redacted entries, the professional must move to submit unredacted Monthly Statements to the Court under seal as part of their subsequent formal fee application. 

(7)  Notice of Interim Advance Payment.  To receive an Interim Advance Payment, the professional must give timely notice and attach a copy of the applicable Monthly Statement to the following, collectively referred to as the “Noticed Parties”:

(A) debtor;

(B) attorney for the debtor;

(C) United States Trustee, and, if applicable, to the chapter 11 trustee;

(D) attorney for the Creditors’ Committee (or if there is no committee attorney, to all members of the committee); and

(E) any party in interest who has specifically requested copies of the Monthly Statements. 

(8)  Objections to Monthly Statements.

(A) Deadline.  Objections to Monthly Statements, referred to as “Informal Objections,” must be submitted no later than 14 days after receiving notice of the Monthly Statement.

(B) Notice.  Informal Objections must be submitted to the professional and Noticed Parties, and should not be filed with the Court.  (The only objections that must be filed with the Court are objections to formal fee applications filed with the Court.) 

(C) Content.  Informal Objections must specify the nature of the objection and the associated specific amount(s) within the Monthly Statement considered objectionable.

(D) Effect.  If a professional receives an Informal Objection, then the professional may not seek or accept an Interim Advance Payment of any amount to which an Informal Objection has been lodged (and remains unresolved between the professional and objecting party).  Instead, the professional must wait to obtain payment through the formal interim or final fee application process or seek further order of the Court.  As provided herein, the professional may then receive 80% of the fees and 100% of the expenses not subject to an unresolved objection.

(E) Non-Waiver.  Failure to lodge an Informal Objection does not, by itself, constitute waiver of the right to object to a formal interim or final fee application.  All Interim Advance Payments are subject to the interim and final fee applications filed with the Court pursuant to 11 U.S.C. §§ 330 and 331, and therefore subject to disgorgement.

(9)  Timely Formal Fee Applications Required.  Parties seeking Interim Advance Payments must:

(A) Comply with 11 U.S.C. §§ 330 and 331, L.B.R. 2016-1 and L.B.F. 2016-1.1 for interim and final compensation approval;

(B) File formal interim fee applications not more than every 120-days and at least every 180-days, unless otherwise ordered by the Court;

(C) Seek final approval of all interim compensation fee applications by filing a final fee application; and

(D) When applicable, suspend seeking or accepting an Interim Advance Payment as provided in L.B.R. 2016-2(c).

(c)   Suspension of Interim Advance Payments.  A professional’s authorization to seek or accept any Interim Advance Payments will be for 120-day intervals only, beginning with the date the professional first began providing services after an order approving Interim Advance Payment procedures.  After each 120 day interval, the professional’s authorization to seek or accept Interim Advance Payments will be suspended until the professional has filed a formal application for interim or final compensation for all prior unapproved professional fees pursuant to 11 U.S.C. §§ 330 or 331.  Upon the filing of a formal interim fee application, the professional may seek and accept Interim Advance Payments, as provided herein, without further order of the Court.

(d)  Form of Order.  Any motion requesting authority to implement Interim Advance Payment procedures must include a proposed order in substantial conformity with L.B.F.  2016-2.1.

(a)  Presumptively Reasonable Fee Application.

(1)  Eligibility.  To be eligible to use the Presumptively Reasonable Fee Application (the “PRFA”) procedure, the applicant must request a fee that is at or below the presumptively reasonable fee (the “PRF”) amount provided in the General Procedure Order titled, “In the Matter of Chapter 13 Fee,” as amended from time to time.  The applicant must provide all reasonably necessary and appropriate services during the pendency of the entire case.

(2)  Presumptively Reasonable Fee.  To the extent provided for in the chapter 13 plan, the PRF, or lesser amount if requested by the plan, is to be paid by the trustee upon confirmation of the plan, to the extent funds are available after payment of the applicable trustee fee.  The chapter 13 trustee may recommend or the Court may determine, in appropriate cases, that a lower fee be allowed.   

(3)  Form of Application.  Applications for allowance of fees and reimbursement of expenses pursuant to the PRFA procedure must be made using the checkbox on the chapter 13 plan, L.B.F. 3015-1.1.  Applicant need not supplement L.B.F. 3015-1.1, except upon formal objection, written request of the debtor, or order by the Court.

(4)  Extraordinary Costs.  If a case has costs in excess of the amount provided for in the General Procedure Order published by the Clerk, In the Matter of Procedures for Fee Applications in Chapter 13 Cases, as amended from time to time, an attorney may file a Supplemental Fee Application using L.B.F. 2016‐3.5 and appropriate supplementary documentation.

(5)  Post‐Confirmation Fees.  Election of the PRF or any lesser fee does not preclude an attorney from filing a Supplemental Fee Application for post‐confirmation work.  Electing the PRF does not preclude an attorney from providing for a greater amount in the plan.

(6)  Order.  The chapter 13 confirmation order will serve as the order approving the payment of the PRF, or lesser amount requested.  

(b)  Long Form Fee Application.

(1)  Eligibility.  If the applicant requests allowance of a fee in excess of the PRF amount, the attorney may not use the PRFA procedure and must use the Long Form Fee Application (the “LFFA”) procedure in addition to compliance with L.B.R. 2016-1(a)(2)(C)(i) and (ii).  The applicant must provide all reasonably necessary and appropriate services during the pendency of the entire case.

(2)  Form of Applications.  Applications for allowance of fees and reimbursement of expenses pursuant to the LFFA procedure must be made using L.B.F. 2016-3.1, and must be supplemented by the attachments outlined in L.B.F. 2016-3.1.

(3)  Service, Notice, and Objections.  Debtor’s attorney must serve a copy of the LFFA, L.B.F. 2016-3.1, along with a notice in substantial conformity with L.B.F. 2016-3.2, on the chapter 13 trustee, the debtor, and any parties requesting notice.  Prior to the deadline to file a proof of claim, the notice, without the LFFA form, must be served on all other creditors, claimants, and parties in interest.  If the claims deadline has passed, the notice, without the LFFA form, must be served on claimants.  Parties will have 21 days from service of the notice within which to file an objection.

(4)  Timing.  Fee applications under the LFFA must be filed no sooner than the date of entry of the order confirming the chapter 13 plan and no later than 28 days after the date of entry of the order confirming the chapter 13 plan.

(5)  Order.  The attorney must submit a form of order in substantial conformity with L.B.F. 2016-3.3, listing the specific amount of fees and expenses requested, the amount received outside of the plan or previously paid, and the amount payable from plan payments.

(c)   Supplemental Form Fee Application.

(1)  Eligibility.  If the applicant provides services post-confirmation and requests allowance of a supplemental fee for post-confirmation services, the applicant must use the Supplemental Form Fee Application (the “SUPFFA”) procedure in addition to compliance with L.B.R. 2016-1(a)(2)(C)(i) and (ii).

(2)  Form of Applications.  Applications for allowance of fees and reimbursement of expenses pursuant to the SUPFFA procedure must be made using L.B.F. 2016-3.4, and must be supplemented by the attachments outlined in L.B.F. 2016-3.4.

(3)  Service, Notice, and Objections.  Debtor’s attorney must serve a copy of the SUPFFA, L.B.F. 2016-3.4, along with a notice in substantial conformity with L.B.F. 2016-3.2, on the chapter 13 trustee, the debtor and those parties requesting notice.  Prior to the deadline to file a proof of claim, the notice, without the SUPFFA form, must be served on all other creditors, claimants, and parties in interest.  If the claims deadline has passed, the notice, without the SUPFFA form, must be served on claimants.  Parties will have 21 days from service of the notice to file an objection.

(4)  Timing.  Fee applications under SUPFFA may not be filed until after entry of an order approving an application under either the PRFA procedure or the LFFA procedure, and no later than the date the chapter 13 trustee files a final report.

(5)  Order.  The attorney must submit a form of order in substantial conformity with L.B.F. 2016-3.5, listing the specific amount of post-confirmation fees and expenses requested, the amount previously approved by the Court, the amount received outside of the plan or previously paid, and the amount payable from plan payments.

(d)  Hearing.  If the applicant elects the PRFA procedure through a chapter 13 plan, any objection will be considered through the confirmation process.  For all other types of fee applications, if no objection is filed, the Court may allow the requested fee in full or in part, upon the filing of a Certificate of Non-contested Matter in substantial conformity with L.B.F. 9013-1.3, or may order further supplementation or set the application for hearing.  If an objection is filed, the applicant is responsible for filing a Certificate of Contested Matter and Request for Hearing in substantial conformity with L.B.F. 9013-1.4.  Upon the filing of the Certificate of Contested Matter, the Court may set the matter for hearing.

 

Commentary

 

The PRFA and LFFA procedures establish the time frame and process within which an applicant must apply initially for approval of chapter 13 fees and reimbursement of expenses.  However, regardless of whether the applicant utilizes the PRFA or LFFA procedures, the prohibitions against and restrictions on limited representation contained in L.B.R. 9010-1 require that the engagement does not terminate at plan confirmation.  Rather, representation must last through the earlier of entry of discharge, or the conversion or dismissal of the case unless the attorney is permitted to withdraw in accordance with L.B.R. 9010-4.

 

The PRFA procedure is for requesting fees and is not intended to limit the scope of chapter 13 engagements.  When requesting fees using the PRFA procedure, attorneys are not required to submit their engagement letter or other fee agreement, detailed time slips, or a narrative unless requested by the trustee or otherwise ordered by the Court.  However, attorneys are advised that if their fees are questioned, it may be quite difficult to prevail without the assistance of some or all of those items.  Although the PRFA process does not limit the ability of debtor’s attorney to seek additional fees post-confirmation, certain routine post-confirmation services are expected to be rendered by applicant as part of the PRF.  For example, in most cases, such routine post-confirmation services will include reviewing claims after the expiration of the claims date; advising on the requirement that the debtor complete a financial management course; communicating with the debtor, creditors and other parties in interest concerning the case; defending a motion for relief from stay or motion to dismiss; and, completing the debtor's certification for discharge.  However, generally, prosecuting or defending against a motion for a plan modification would not be considered a routine post-confirmation service.

 

The LFFA procedure is intended to be a fee-for-service arrangement where it is anticipated that total attorney fees for the case will exceed the PRF amount.  The SUPFFA procedure completes payment for post-confirmation services reasonably necessary and appropriate for the engagement.  The Court will entertain supplemental fee applications that comply with the SUPFFA procedure, supported by time records, for post-confirmation services.  Like the LFFA, applications under the SUPFFA must be supplemented by the same attachments.

(a) Disclosure of Compensation of Petition Preparer. Every bankruptcy petition preparer, as defined under 11 U.S.C. § 110(a)(1), who prepares a petition and/or related papers for filing a case for the debtor, must file with the petition and concurrently transmit to the United States Trustee and trustee assigned to the case, a disclosure of compensation in substantial conformity with the Disclosure of Compensation of Bankruptcy Petition Preparer, Director’s Procedural Form 2800.
(b) Presumptively Reasonable Fee. The presumptively reasonable fee chargeable by a bankruptcy petition preparer in any case is $125.
(1) Motion Required for Additional Fees. Only a bankruptcy petition preparer may file a motion seeking fees in an amount greater than the $125 presumptively reasonable fee. The motion must be filed with an affidavit stating the facts that support the increase in fees. The affidavit must also include a statement that the debtor has reviewed the motion and affidavit. The motion and affidavit must be filed within 14 days after the date of the filing of a petition, and served on the debtor, trustee, and the United States Trustee.
(2) Sanctions. Any bankruptcy petition preparer who charges a fee in excess of the value of services rendered is subject to sanctions under 11 U.S.C. § 110, including, but not limited to, the disallowance and turnover of any fee found to be in excess of the reasonable fee.

(a)  Initial Motions.  During the first 21 days following entry of the Order for Relief, the debtor may obtain expedited consideration for entry of orders by filing a Motion Seeking Expedited Entry of Order(s) and Notice of Impending Hearing Thereon (the “Motion”) as follows:

(1)  Motion.  The Motion must contain sufficient factual recitations regarding the nature of the debtor’s business and the need for the types of relief sought.  The Motion need not be accompanied by briefs or authorities.  The movant must certify that the relief sought by the Motion is needed by the debtor on an expedited basis.  If the Motion requests more than one order, the motion must separately identify and discuss each requested relief or intended action.

(2)  Cover sheet.  The Motion must be accompanied by a cover sheet in substantial conformity with L.B.F. 2081-1.1.

(3)  Affidavits.  The Motion must be accompanied by one or more factual affidavits by a representative of the movant or executed by an individual having personal knowledge of the facts therein supporting the requested relief.

(4)  Notice.  The Motion must be accompanied by a notice in substantial conformity with L.B.F. 2081-1.2 and a copy of a response form in substantial conformity with L.B.F. 2081-1.3.

(5)  Proposed Order.  The Movant must file a proposed order for each type of requested relief.  The proposed order must clearly state the relief requested, but should not contain proposed findings of fact or conclusions of law.

(b)  Service of the Motion.

(1)  Service on the United States Trustee.  A copy of the Motion, cover sheet, affidavits, notice, and proposed orders must be hand delivered or emailed to the United States Trustee, either before or within four hours after the Motion is filed.

(2)  Service on other Parties.  A copy of the Motion, cover sheet, affidavits, notice, and proposed orders must be served by hand delivery, overnight mail, facsimile or email initiated on the day the Motion is filed, to:

(A) any appointed chapter 11 trustee or examiner;

(B) any creditors’ or equity security holders’ committee pursuant to L.B.R. 2081-2;

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

(D) any indenture trustee;

(E) the IRS and other relevant government entities;

(F)  all parties who have requested notice;

(G) any party whose interest in property of the estate will be directly affected by any order requested; and

(H) the United States Trustee.

(c)  Hearing.

(1)  Scheduling the Hearing.  The chambers of the judge assigned to the case will provide movant’s attorney with a hearing date to be held that is, if possible, not more than three days after the date of the filing of the Motion.  For purposes of this hearing only, if the judge’s calendar cannot be arranged to accommodate a hearing within three days, the judge’s staff will notify the Clerk, who may refer the matter to any other available judge.

(2)  Service of Notice of Hearing.  As soon as the movant is notified of the hearing date, the movant must serve notice of the date and time of the hearing in substantial conformity with L.B.F. 2081-1.4 to:

(A) parties who were served with copies of the Motion; and

(B) those parties who have requested notice in the case or those who have responded to the Motion on L.B.F. 2081-1.3.  The movant must notify each of the above of the date, time, and place of the hearing by email or facsimile, as requested in such party’s response, within the later of: (i) four hours after movant receives responder’s request for notice, or (ii) four hours of being notified by the Court of the date and time of the hearing.

(3)  Proof of Service.  The debtor must file an affidavit of compliance with the service requirements of this Rule prior to the commencement of any hearing pursuant to this Rule.

(4)  Objections.  Parties may file an objection in writing prior to the hearing and/or may appear at the hearing to state or supplement their objection orally.

(5)  Procedure at Hearing.  At any hearing set pursuant to this Rule, the parties will proceed in accordance with the Fed. R. Bankr. P. and the Federal Rules of Evidence.  The movant must be prepared to present evidence in support of its Motion.  Any unopposed request may be granted in the Court’s discretion on the basis of affidavits, arguments, or representations of the parties or attorneys, as appropriate.

(d)  Orders.  At the conclusion of any hearing held pursuant to this Rule, the Court will make such findings of fact only as are supported by the record and will:

(1)  enter or deny any or all of the orders requested;

(2)  enter any or all of the orders requested on an interim basis pending such additional notice as the Fed. R. Bankr. P. or the Court may direct; and/or

(3)  continue the hearing with respect to any or all of the orders requested.  Only interim orders will be entered pursuant to this Rule respecting cash collateral or post-petition financing.

(e)  Other Expedited Relief.  The availability of expedited consideration of motions under this Rule will not preclude ex parte relief or other emergency relief where appropriate upon specific request.

(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.

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