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Guidelines For Service Lists And Shortened Service Lists In Complex Chapter 11 Cases (Exhibit G) Form. This is a Texas form and can be use in Bankruptcy Court Federal.
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EXHIBIT G.
GUIDELINES FOR SERVICE LISTS AND SHORTENED SERVICE LISTS IN
COMPLEX CHAPTER 11 CASES
I.
Bankruptcy Rule 2002 Notice/Service List
A.
Helpful Hints Regarding Whom to Include on the Service List in a
Complex Chapter 11 Case. There are certain events and deadlines that occur in a
Chapter 11 case which Federal Rules of Bankruptcy Procedure 2002 requires be broadly
noticed to all creditors, indenture trustees, equity interest holders, and other parties in
interest (ARule 2002 notice list@). To facilitate this, debtor=s counsel shall evaluate and
consider whether the following persons and entities need to be included on the Rule 2002
notice list:
1.
creditors (whether a creditor=s claim is disputed, undisputed, contingent,
non-contingent, liquidated, unliquidated, matured, unmatured, fixed, legal, equitable,
secured or unsecured);
2.
indenture trustees;
3.
financial institutions at which the debtor has maintained accounts
(regardless of whether such institutions are creditors);
4.
vendors with whom the debtor has dealt, even if the debtor=s records
currently indicate no amount is owed;
5.
parties to contracts, executory contracts or leases with the debtor;
6.
federal, state, or local taxing authorities with which the debtor deals,
including taxing authorities in every county in which the debtor owns real or personal
property with regard to which ad valorem taxes might be owed;
7.
governmental entities with which the debtor might interact (including, but
not limited to, the U.S. Trustee and the SEC);
8.
any party who might assert a lien against property of the debtor;
9.
parties to litigation involving the debtor;
10.
parties with which the debtor might be engaged in some sort of dispute,
whether or not a claim has formally been made against the debtor;
11.
tort claimants or accident victims;
12.
insurance companies with whom the debtor deals or has policies;
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13.
active and retired employees of the debtor;
14.
officers or directors of the debtor;
15.
customers who are owed deposits, refunds, or store credit;
16.
utilities;
17.
shareholders (preferred and common), holders of options, warrants or
other rights or equitable interests in the debtor;
18.
miscellaneous others who, in debtor counsel=s judgment, might be entitled
to Aparty in interest@ status or who have requested notice.
B.
Flexible (AUser Friendly@) Format Rules for Mailing Matrix or
Creditor List in a Complex Debtor 11 Case in Which Debtor=s Counsel Serves
Notices. In a complex Chapter 11 case, where the mailing matrix (or creditor list) is
likely to be very lengthy, the following special format rules will apply, [in lieu of any
applicable local bankruptcy rule, save and except the Administrative Procedures for the
Filing, Signing and Verifying of Documents by Electronic Means in Texas Bankruptcy
Courts, adopted by local rule or general order in all federal districts in Texas] whenever it
is the debtor=s responsibility to serve notices in the case. The debtor (since it will
typically be the party serving all notices in the Chapter 11 case rather than the clerk of
court) may create the mailing matrix or creditor list in whatever format it finds
convenient so long as it is neatly typed in upper and lower case letter-quality characters
(in no smaller than 10 point and no greater than 14 point type, in either Courier, Times
Roman, Helvetica or Orator font) in a format equivalent to 8 2 inch by 11 inch blank,
unlined, standard white paper. The mailing matrix or creditor list, if lengthy, should
ideally include separate subheadings throughout, to help identify categories of parties in
interest. By way of example, the following subheadings (among others) might be used:
Debtor and its Professionals
Secured Creditors
Indenture Trustees
Unsecured Creditors
Governmental Entities
Current and Retired Employees
Officers and Directors
Tort Claimants
Parties to Executory Contracts
Equity Interest Holders
Other
Parties in interest within each category/subheading should be listed alphabetically.
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Also, the mailing matrix or creditor list may be filed in separate volumes, for the separate
categories of parties in interest, if the mailing matrix or creditor list is voluminous.
Finally, if there are multiple, related debtors and the debtors intend to promptly move for
joint administration of their cases, the debtors may file a consolidated mailing matrix or
creditor list, subject to later being required to file separate mailing matrices if joint
administration is not permitted.
C.
When Inclusion of Certain Parties in Interest on a Mailing Matrix is
Burdensome. If inclusion of certain categories of parties in interest on the mailing
matrix or creditor list would be extremely impracticable, burdensome and costly to the
estate, the debtor may file a motion, pursuant to FRBP. 2002(l), and on notice to the
affected categories of parties in interest, requesting authority to provide notices to certain
categories of parties in interest and may forego including those categories of parties in
interest on the mailing matrix if the court grants the motion.
II.
Shortened Service List Procedure in a Complex Chapter 11 Case
A.
Procedures/Contents/Presumptions. If the court has entered an order
granting complex Chapter 11 case treatment, the debtor shall provide service as required
by paragraph 1 of that order. If the court has not entered such an order, the debtor may
move to limit notice B that is, for approval of a shortened service list B that will be
acceptable for noticing most events in the bankruptcy case, other than those
events/deadlines that Federal Rules of Bankruptcy Procedure 2002 contemplates be
served on all creditors and equity interest holders. At a minimum, the shortened list
should include the debtor and its professionals, the secured creditors, the 20 largest
unsecured creditors, any official committees and the professionals for same, the U.S.
Trustee, the IRS and other relevant governmental entities, and all parties who have
requested notice. Upon the court=s approval of a shortened service list in a complex
Chapter 11 case, notice in any particular situation during a case shall be presumed
adequate if there has been service on (1) the most current service list on file in the case;
plus (2) any other party directly affected by the relief requested and not otherwise
included on the service list.
B.
Obligation to Update, File and Serve Service List. The debtor must
update the service list as parties request to be added to it or as circumstances otherwise
require. To be added to the list, a party must file a notice of appearance and request for
service and serve the notice on debtor=s counsel. Parties should include e-mail
transmission information if they wish to receive expedited service of process during the
case. Additionally, the debtor must file an updated service list and must serve a clean and
redlined copy of the updated service list on all parties on the service list weekly for the
first month after filing, then bi-monthly for the next 60 days, then monthly thereafter
during the pendency of the case. If, in a particular month, there are no changes to the
service list, the debtor must file a notice with the court so stating.
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