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: DEBTOR NAME, Debtors. ) ) ) ) ) ) ) In Proceedings Under Chapter 11 Case No. 01-12345-XXX 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. §§ 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. § 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 American LegalNet, Inc. www.FormsWorkFlow.com “Master Service List” as necessary, but not less than monthly, and file the updated list electronically with the Court in compatible CM/ECF format. 3. Master Service List. The “Master Service List” shall include: (a) Debtors’ Counsel at: [Insert Names and Address of Counsel to Receive Pleadings] (b) Above-captioned Debtors and Debtors-in-Possession at: (c) Lender(s)’ 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) 4. Counsel retained by any Official Committees established pursuant to Section 1102 of the Bankruptcy Code. (Until counsel for the Unsecured Creditor’s Committee is appointed, the twenty largest creditors of each Debtor shall be on the initial “Master Service List.”) 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 “Master Service List” 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 “Master Notice List” and the “Master Service List.” Upon the establishment of Official Committees and entries of appearance by counsel for such Committees, the twenty largest creditors of each Debtor shall 2 American LegalNet, Inc. www.FormsWorkFlow.com be deleted from the “Master Notice List” by having been removed from the “Master Service List.” Any such creditors, may however, be added to the “Master Notice List” upon separate request. The Debtor shall update the “Master Notice List” as necessary, but not less than monthly, and file the updated list electronically with the Court in compatible CM/ECF format. GENERAL SERVICE PROCEDURES 5. All service other than service by the Court’s CM/ECF system shall be made by Regular Mail, except in emergency situations when overnight mail 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 (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 3 American LegalNet, Inc. www.FormsWorkFlow.com (e) 8. 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. 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. 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. 4 American LegalNet, Inc. www.FormsWorkFlow.com 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 Judge’s email as set forth in the Court’s Procedures Manual. 15. Absent exigent circumstances, any motion, application, objection or other request shall be filed and served at least twenty (20) calendar days prior to the anticipated hearing date. 16. An objection, response, reply or other memorandum in response to a motion shall be filed and served within fourteen (14) days after service of the motion. Movant shall have three (3) business days to reply to any such responsive pleadings. 17. If an emergency hearing is unavoidable and essential, in its discretion, the Court may hear the matter on a regularly scheduled Motion Date or on any other date scheduled by the Court. The Court will permit emergency hearings only if movant demonstrates that time opposing counsel was consulted in advance and that best efforts were made to notify the parties on the Master Service List and any other essential parties in advance of the hearing. NON-RESIDENT ATTORNEYS 18. Motions by non-resident attorneys for permission to practice before the Court in these cases, pro hac vice, shall not be set for hearing. Motions for admission pro hoc vice shall be filed with the Clerk of the Bankruptcy Court together with the required fee of $25.00 payable to the "Clerk, U. S. District Court.” The Bankruptcy Court will routinely grant such motion unless objections are promptly filed. In contested matters and adversary proceedings that are likely to involve extensive discovery, multiple hearings or protracted evidentiary proceedings, the Court normally will require parties admitted pro hoc vice to obtain local counsel. 5 American LegalNet, Inc. www.FormsWorkFlow.com PROOFS OF CLAIM 19. The court has not yet set a claims bar date (the "Claims Bar Date") in these cases. When a date is set, the Debtor will serve notice of the Claims Bar Date upon all parties along with a separate Standing Order regarding procedures for filing proofs of claim. BRIEFS AND MEMORANDA 20. Briefs and supporting memoranda shall be subject to a fifteen-page limit, unless otherwise ordered by the Court. CAPTION 21. All documents filed in the case of ____________________ (referenced as the “lead case”) shall be deemed filed in all of the Debtor cases. The court shall docket and file such pleadings in the lead case only. \ [remainder of page intentionally left blank] 6 American LegalNet, Inc. www.FormsWorkFlow.com 22. Documents filed in these Debtor cases shall be filed in the lead case only and bear the following caption: UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION IN THE MATTER OF DEBTOR NAME, Debtors. [Name of Movant] v. [Name of Respondent] ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NUMBER 01-01234-XXX IN PROCEEDINGS UNDER CHAPTER 11 HONORABLE _____________________ UNITED STATES BANKRUPTCY JUDGE [NAME OF DOCUMENT] [NAME, ADDRESS, TELEPHONE NUMBER OF COUNSEL] Motion No. ________________ HEARING DATE:___________________ HEARING TIME:____________________ 7 American LegalNet, Inc. www.FormsWorkFlow.com PROPOSED ORDERS 23. Agreed orders shall not be submitted except upon separate execution by Debtors' counsel and such other parties who may be necessary under the circumstances. TERMS OF THIS ORDER 24. This Order may be amended by this Court upon the request of any party in interest, giving not less than ten (10) business-days written notice to the parties on Master Service List. The Court may amend this Order sua sponte at any time. 25. Unless otherwise ordered, notice in accordance with the terms of this Order shall be presumed to be adequate. 26. This Order is in the Debtors' best interests and presents no prejudice to any party's rights or interests. This Order shall continue in effect unless and until modified by further order of this Court. ________________________________________ UNITED STATES BANKRUPTCY JUDGE Dated: _______________ St. Louis, Missouri 8 American LegalNet, Inc. www.FormsWorkFlow.com