Establishing Notice And Motion Procedures (Standing Order 1) Form. This is a Missouri form and can be use in Bankruptcy Court Federal.
Tags: Establishing Notice And Motion Procedures (Standing Order 1), Missouri Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION IN THE MATTER OF: ) In Proceedings Under Chapter 11 ) DEBTOR NAME, ) Case No. 01-12345-XXX ) Debtors. ) ) Honorable ) United States Bankruptcy Judge STANDING ORDER #1 ESTABLISHING NOTICE AND MOTION PROCEDURES This matter coming before the Court on the request of the Debtors and Debtors-in-Possession, the Court having reviewed and considered the request and having heard the statements of counsel in support thereof and the statements of all other parties appearing before the Court in connection therewith; the Court having jurisdiction over this matter pursuant to 28 U.S.C. 247247 157 and 1334 and Local District Court Rule 9.01(B)(1); the Court finding that this is a core proceeding pursuant to 28 U.S.C. 247 157(b)(2); the Court being fully apprised in the premises and having determined that because of the number of creditors and other parties in interest in these cases, burdensome expense and unnecessary delay will result unless a modified procedure for noticing, copying and motion practice is implemented; now therefore, it is, ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. As used herein, the term "Debtors" means the Debtors-in-Possession in these cases. These cases are jointly administered and are procedurally (but not substantively) consolidated. 2. As used herein, the "Master Service List" means the list described herein. The "Master Service List" will contain the names and mailing addresses of all those individuals and entities designated pursuant to Paragraph 3 of this Standing Order. The Debtor shall update the 223Master Service List224 as necessary, but not less than monthly, and by the third day of the month American LegalNet, Inc. www.FormsWorkFlow.com 2 that is not a weekend or a federal holiday. The Debtor shall file such updated list electronically with the Court in compatible CM/ECF format. 3. Master Service List. The 223Master Service List224 shall include: (a) Debtors222 Counsel at: [Insert Names and Address of Counsel to Receive Pleadings] (b) Above-captioned Debtors and Debtors-in-Possession at: (c) Lender(s)222 Counsel at: [Insert Names and Address of Counsel to Receive Pleadings] (d) United States Trustee at: United States Trustee Thomas F. Eagleton U.S. Courthouse 111 South Tenth Street, Room 6353 St. Louis, Missouri 63102 Attention: (e) Counsel retained by any Official Committees established pursuant to Section 1102 of the Bankruptcy Code. (Until counsel for the Unsecured Creditor222s Committee is appointed, the twenty largest creditors of each Debtor shall be on the initial 223Master Service List.224) (f) Any Chapter 11 trustee appointed in these cases and any such trustee222s counsel; and (g) Any examiner appointed in these cases. 4. As used herein, the "Master Notice List" means the list described herein. The "Master Notice List" will contain the names and addresses of all persons or entities on the 223Master Service List224 as well as any persons or entities that have requested or may hereafter request notice in these proceedings. A request for notice shall be filed electronically with the Court and a copy shall be served upon the all parties on the Master Service List. Individuals or entities that wish to receive notices are solely responsible for filing and serving their requests for such notices. The twenty largest creditors of each Debtor shall be on the initial 223Master Notice American LegalNet, Inc. www.FormsWorkFlow.com 3 List224 and the 223Master Service List.224 Upon the establishment of Official Committees and entries of appearance by counsel for such Committees, the twenty largest creditors of each Debtor shall be deleted from the 223Master Notice List224 by having been removed from the 223Master Service List.224 Any such creditors, may however, be added to the 223Master Notice List224 upon separate request. The Debtor shall update the 223Master Notice List224 as necessary, but not less than monthly, and by the third day of the month that is not a weekend or a federal holiday. The Debtor shall file such updated list electronically with the Court in compatible CM/ECF format. GENERAL SERVICE PROCEDURES 5. All service other than service by the Court222s CM/ECF system shall be made by Regular Mail, except in emergency situations when next morning delivery or fax is necessary or where electronic service is authorized. The certificate of service should accompany each pleading served and shall state that service has been made on all parties listed on the Master Service List or Master Notice List as applicable, listing the date and number of the Master Service List or Master Notice List used. The Master Service List or Master Notice List itself need not be attached to the pleadings. 6. All documents in adversary proceedings and any motions directed at specific parties (contested matters) shall be served, pursuant to Bankruptcy Rule 7004, upon (i) all parties thereto and any other entities having a particularized interest in the subject of the filings or motions; and (ii) the parties listed on the Master Service List. 7. Unless otherwise directed by the Court, all notices required by subdivisions (a)(2), (3), and (6) of Bankruptcy Rule 2002 and by Bankruptcy Rule 4001 shall be mailed to: (a) each entity designated on the Master Notice List; and (b) when the notice is of a proposed use, sale, lease or abandonment of property or of a hearing thereon, each entity having an interest in the property; and American LegalNet, Inc. www.FormsWorkFlow.com 4 (c) when the notice relates to relief from the stay to each entity affected by the stay relief; and (d) when the notice is of a proposed compromise or settlement or of a hearing thereon, each entity who is a party to the compromise or settlement; and (e) when the notice is of an application for compensation or reimbursement of expenses or of a hearing thereon, each professional person who is seeking compensation or reimbursement whose retention in these cases is authorized by this Court. 8. Notices required by subdivision (a)(1), (4), (5), and (7), subdivision (b), and subdivision (f) of Bankruptcy Rule 2002 shall be mailed to each entity on the Master Notice List, to all creditors, indenture trustees, and equity security holders. 9. All other notices shall be served upon each entity on the Master Notice List and to any entity that has a particularized interest in the subject of the notice. 10. Notice in accordance with the provisions of this Order shall be presumed adequate pursuant to Bankruptcy Rule 2002. The Court may enter orders with respect to proper notice in its sole discretion on an ex parte basis without notice and hearing. MOTIONS, OBJECTIONS AND HEARING DATES 11. It is anticipated that during the routine administration of these cases, hearings shall normally be held on Motion Dates set by this Court commencing at .m. All matters, unless otherwise ordered by the Court, shall be heard on the Motion Dates. The date of the next regularly scheduled Motion Date will be announced at the conclusion of each hearing, will be included in any post-hearing notice, and will be available through PACER. 12. All hearings will be held at the United States Bankruptcy Court, Thomas F. Eagleton U.S. Courthouse, 111 South Tenth Street, th Floor, St. Louis, Missouri unless otherwise announced by the undersigned Bankruptcy Judge. American LegalNet, Inc. www.FormsWorkFlow.com 5 13. It is the responsibility of the movant to contact , Courtroom Deputy at (314) 244-, or Matthew Parker, Director of Courtroom Services at (314) 244-4801, prior to scheduling any motions for hearing. The movant is further responsible for verifying available hearing dates prior to serving notice if notice is not served immediately. 14. All motions must be filed with a Notice of Hearing and a Certificate of Service. A proposed order granting the relief requested in the motion is to be submitted via the Judge222s orders e-mail at [CHOOSE EITHER RendlenOrders@moeb.uscourts.gov , SchermerOrders@moeb.uscourts.gov, or StatesOrders@moeb.uscourts.gov ]. 15. Absent exigent circumstances, any motion, application, objection or other request s