MNB seal United States Bankruptcy Court
District of Minnesota
Clerk's Offices
Duluth Fergus Falls
Minneapolis St. Paul

Local Rules Part 2


PART II

OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
EXAMINATIONS; ELECTIONS; PROFESSIONAL PERSONS

 


RULE 2002-1. NOTICE TO CREDITORS & OTHER INTERESTED PARTIES (ENTITIES SERVED WITH RULE 2002 NOTICES)

 

(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 transmitted to each entity listed in the matrix referred to in Local Rule 1007-2.


(b) CHAPTER 11 CASES.

(1) [ABROGATED]


(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 served only on each entity listed in the service list. 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 served on each entity listed in the matrix referred to in Local Rule 1007-2 and on each additional entity listed in the service list.


(3) Notice to Equity Security Holders. All notices under Federal Rule of Bankruptcy Procedure 2002(d) shall be mailed to each equity security holder.


(c) NO ADDRESS; UNDELIVERED NOTICES. 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. If a notice of the meeting of creditors is returned to the clerk as undelivered, the clerk shall notify the attorney for the debtor.


(d) OMITTED CREDITORS; CORRECTED ADDRESSES.
 

             (i)        After transmission by the clerk of the notice of the meeting of creditors, the debtor shall serve a copy of the notice of the meeting of creditors on 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.

 

RULE 2002-4. PREPARATION, SERVICE AND FORM OF RULE 2002 NOTICES


(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 serve the notice and file proof of such service.


(b) NOTICES PREPARED BY CLERK. Except as provided in paragraph (f) of this rule, the clerk shall prepare and mail notices 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 case shall prepare and request the clerk to transmit a 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 prepare and request the clerk to transmit the 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 prepare and serve any notice required under Federal Rule of Bankruptcy Procedure 2002(d) and file proof of such service. The proof of service shall not include a list of the equity security holders, but shall state the total number of such holders and identify the person who made the mailing 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 prepare and request the clerk to transmit the new notice, unless the applicant or the moving party serves the new notice and files proof of such service.


(f) EXCEPTIONS. The clerk may instruct the debtor or the moving party to mail any notice.



RULE 2002-5. REQUEST FOR NOTICE; NOTICE OF APPEARANCE


(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 file and serve a notice of withdrawal that complies substantially with Local Form 2002-5. Such notice of withdrawal shall be served on all entities listed in Local Rule 9013-3(a).


Fed. R. Bankr. P. Reference 9010.



RULE 2003-1. MEETING OF CREDITORS


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.



RULE 2004-1. EXAMINATIONS


(a) ORDER FOR EXAMINATION. A party seeking to examine the debtor or other entity under Federal Rule of Bankruptcy Procedure 2004 shall file with the court and serve on the United States Trustee an application for an order directing such examination. Before issuing the order, the court may direct that further notice be given or that a hearing be held. The court may issue any appropriate order directing whether and the manner in which the examination shall be conducted.


(b) NOTICE OF EXAMINATION. If the application is granted, the party requesting the examination shall serve on the entity to be examined a notice of examination which shall identify the entity to be examined and the time and place for taking the examination. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. Upon objection and for cause shown, the court may issue any appropriate order regarding the conduct of the examination.


Fed. R. Bankr. P. Reference 2005, 7026, 7027, 7028-32, 9014, 9016.



RULE 2004-2. SPECIAL RELIEF WITH RESPECT TO DEBTOR


A request under Federal Rule of Bankruptcy Procedure 2004(d) or 2005 shall be made by motion.


Fed. R. Bankr. P. Reference 2005, 7026, 7028-32, 9014, 9016.


RULE 2014-1. EMPLOYMENT OF PROFESSIONAL PERSONS


(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 serve the same on 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) APPROVAL. Within seven days after receipt of the application, the United States Trustee shall file a report and recommendation regarding the proposed employment. If the United States Trustee declines to recommend the employment of the applicant, the United States Trustee shall notify the applicant and the applicant shall schedule a hearing on the application and serve notice of the hearing on 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.



RULE 2015-1. TRUSTEE'S REPORT IN CHAPTER 12 AND 13 CASES


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 serve on 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.



RULE 2016-1. COMPENSATION OF PROFESSIONAL PERSONS


(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 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 moving documents shall be served not later than 21 days before the hearing date.


(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. 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 $2,500 for cases below the applicable median family income and $3,000 for cases at or above the applicable median family income, as determined on Official Bankruptcy Form 22C. 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.


(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 auditconducted 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 $300.00 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 $500.00 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.


RULE 2019-1. SERVICE AND FILING OF FED. R. BANKR. PRO. 2019 STATEMENTS

(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 serve and file such verified or supplemental statement in accordance with Local Rule 9013-3(a) for service of moving documents. If the entity required to file the verified or supplemental statement is moving the court for relief, such verified or supplemental statement shall be served and filed no later than the service and 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 and serve the verified or supplemental statement no later than the time for service and 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 served and 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 and serve 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 served and filed in accordance with L.R. 9013-3(a) for service of moving documents.


RULE 2020-1. UNITED STATES TRUSTEE


(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. The United States Trustee shall be served with a copy of every other order, complaint, application, motion, response, notice, objection, pleading or other paper required to be served under applicable bankruptcy and local rules.


(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.