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Federal rules of bankruptcy procedure 70264-94a

federal rules of bankruptcy procedure 70264-94a

Rule 26 karacto.xyzP. applies in adversary proceedings. References in Text. The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Federal Rules of Bankruptcy Procedure Edition. Home > Part VII – Adversary Proceedings > Rule General Provisions Governing Discovery. Rule General Provisions Governing Discovery. Rule 26 karacto.xyzP. applies in adversary proceedings. Search. Federal Rules of Bankruptcy Procedure.

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Subdivision m. Inclusion in notices to creditors of information as to other names used by the debtor as required by Rule will assist them in the preparation of their proofs of claim and in deciding whether to file a complaint objecting to the debtor's discharge. Additional names may be listed by the debtor on his statement of affairs when he did not file the petition.

The mailing of notices should not be postponed to await a delayed filing of the statement of financial affairs. Subdivision d. A new notice requirement is added as clause 3. When a proposed sale is of all or substantially all of the debtor's assets, it is appropriate that equity security holders be given notice of the proposed sale. The clauses of subdivision d are renumbered to accommodate this addition. Subdivision f. Clause 7 is eliminated. Mailing of a copy of the discharge order is governed by Rule g.

Subdivision g is amended to relieve the clerk of the duty to mail notices to the address shown in a proof of claim when a notice of no dividend has been given pursuant to Rule This amendment avoids the necessity of the clerk searching proofs of claim which are filed in no dividend cases to ascertain whether a different address is shown.

Subdivision a 3 is amended to exclude compromise or settlement agreements concerning adequate protection or which modify or terminate the automatic stay, provide for use of cash collateral, or create a senior or equal lien on collateral to obtain credit.

Notice requirements relating to approval of such agreements are governed by Rule d. Subdivision a 5 is amended to include a hearing on dismissal or conversion of a chapter 12 case. This subdivision does not apply when a hearing is not required. It is also amended to avoid the necessity of giving notice to all creditors of a hearing on the dismissal of a consumer debtor's case based on substantial abuse of chapter 7. Subdivision a 9 is added to provide for notice of the time fixed for filing objections and the hearing to consider confirmation of a plan in a chapter 12 case.

This amendment establishes 20 days as the notice period. The court may shorten this time on its own motion or on motion of a party in interest.

The notice includes both the date of the hearing and the date for filing objections, and must be accompanied by a copy of the plan or a summary of the plan in accordance with Rule d. Subdivision b is amended to delete as unnecessary the references to subdivisions h and i. Subdivision d does not require notice to equity security holders in a chapter 12 case. The procedural burden of requiring such notice is outweighed by the likelihood that all equity security holders of a family farmer will be informed of the progress of the case without formal notice.

Subdivision f 8 , renumbered f 7 , is amended to include entry of an order confirming a chapter 12 plan. See Rules a and 3. Subdivision i is amended to require that the United States trustee receive notices required by subdivision a 2 , 3 and 7 of this rule notwithstanding a court order limiting such notice to committees and to creditors and equity security holders who request such notices.

Subdivision k is derived from Rule X— The administrative functions of the United States trustee pursuant to 28 U. The rule omits those notices described in subdivision a 1 because a meeting of creditors is convened only by the United States trustee, and those notices described in subdivision a 4 date fixed for filing claims against a surplus , subdivision a 6 time fixed to accept or reject proposed modification of a plan , subdivision a 8 time fixed for filing proofs of claims in chapter 11 cases , subdivision f 3 time fixed for filing claims in chapter 7, 12, and 13 cases , and subdivision f 5 time fixed for filing complaint to determine dischargeability of debt because these notices do not relate to matters that generally involve the United States trustee.

Nonetheless, the omission of these notices does not prevent the United States trustee from receiving such notices upon request. This rule is intended to be flexible in that it permits the United States trustee in a particular judicial district to request notices in certain categories, and to request not to receive notices in other categories, when the practice in that district makes that desirable. Subdivision j is amended to avoid the necessity of sending an additional notice to the Washington, D.

This change also clarifies that notices required to be mailed pursuant to this rule must be sent to the Securities and Exchange Commission only if it has filed a notice of appearance or has filed a written request.

Other amendments are stylistic and make no substantive change. Paragraph a 4 is abrogated to conform to the abrogation of Rule c 6. The remaining paragraphs of subdivision a are renumbered, and references to these paragraphs contained in other subdivisions of this rule are amended accordingly. Paragraph f 8 is amended so that a summary of the trustee's final account, which is prepared after distribution of property, does not have to be mailed to the debtor, all creditors, and indenture trustees in a chapter 7 case.

Parties are sufficiently protected by receiving a summary of the trustee's final report that informs parties of the proposed distribution of property. Subdivision h is amended 1 to provide that an order under this subdivision may not be issued if a notice of no dividend is given pursuant to Rule e and the time for filing claims has not expired as provided in Rule c 5 ; 2 to clarify that notices required to be mailed by subdivision a to parties other than creditors must be mailed to those entities despite an order issued pursuant to subdivision h ; 3 to provide that if the court, pursuant to Rule c 1 or c 2 , has granted an extension of time to file a proof of claim, the creditor for whom the extension has been granted must continue to receive notices despite an order issued pursuant to subdivision h ; and 4 to delete references to subdivision a 4 and Rule c 6 , which have been abrogated.

GAP Report on Rule No changes since publication, except for stylistic changes and the correction of a typographical error in the committee note. The court for cause shown may order the day period reduced pursuant to Rule c 1. Paragraph a 4 is amended to conform to the amendments to Rule Paragraph a 4 is amended further to conform to Rule b , which requires that notice of the hearing on dismissal of a case for failure to pay the filing fee be served on only the debtor and the trustee.

Subdivision c 3 is added to assure that parties given notice of a hearing to consider confirmation of a plan under subdivision b are given adequate notice of an injunction provided for in the plan if it would enjoin conduct that is not otherwise enjoined by operation of the Code. The validity and effect of any injunction provided for in a plan are substantive law matters that are beyond the scope of these rules.

The notice requirement of subdivision c 3 is not applicable to an injunction contained in a plan if it is substantially the same as an injunction provided under the Code. But if a plan provides that creditors will be enjoined from asserting claims against persons who are not debtors in the case, the notice of the confirmation hearing must include the information required under Rule c 3 because that conduct would not be enjoined by operation of the Code. The requirement that the notice identify the entities that would be subject to the injunction requires only reasonable identification under the circumstances.

If the entities that would be subject to the injunction cannot be identified by name, the notice may describe them by class or category if reasonable under the circumstances.

Subdivision g has been revised to clarify that where a creditor or indenture trustee files both a proof of claim which includes a mailing address and a separate request designating a mailing address, the last paper filed determines the proper address.

The amendments also clarify that a request designating a mailing address is effective only with respect to a particular case. Under Rule g , a duly filed proof of claim is considered a request designating a mailing address if a notice of no dividend has been given under Rule e , but has been superseded by a subsequent notice of possible dividend under Rule c 5.

A duly filed proof of interest is considered a request designating a mailing address of an equity security holder. Rule g 3 is added to assure that notices to an infant or incompetent person under this rule are mailed to the appropriate guardian or other legal representative. Under Rule m , if the debtor knows that a creditor is an infant or incompetent person, the debtor is required to include in the list and schedule of creditors the name and address of the person upon whom process would be served in an adversary proceeding in accordance with Rule b 2.

If the infant or incompetent person, or another person, files a request or proof of claim designating a different name and mailing address, the notices would have to be mailed to both names and addresses until the court resolved the issue as to the proper mailing address.

Changes Made After Publication and Comments. The Committee Note was revised to put in a more prominent position the statement that the validity and effect of any injunction provided for in a plan are substantive matters beyond the scope of the rules. Official Form 9, the form of the notice of the meeting of creditors that will become a part of the court's file in the case, will include only the last four digits of the debtor's social security number.

This rule, however, directs the clerk to include the full social security number on the notice that is served on the creditors and other identified parties, unless the court orders otherwise in a particular case.

This will enable creditors and other parties in interest who are in possession of the debtor's social security number to verify the debtor's identity and proceed accordingly. The filed Official Form 9, however, will not include the debtor's full social security number. This will prevent the full social security number from becoming a part of the court's file in the case, and the number will not be included in the court's electronic records.

Creditors who already have the debtor's social security number will be able to verify the existence of a case under the debtor's social security number, but any person searching the electronic case files without the number will not be able to acquire the debtor's social security number. The rule amendment was made in response to concerns of both private creditors and taxing authorities that truncating the social security number of a debtor to the last four digits would unduly hamper their ability to identify the debtor and govern their actions accordingly.

This is essentially a continuation of the practice under the current rules, and the amendment is necessary because of the amendment to Rule that restricts publication of the social security number on the caption of the petition to the final four digits of the number. The rule is amended to reflect that the structure of the Internal Revenue Service no longer includes a District Director. Thus, rather than sending notice to the District Director, the rule now requires that the notices be sent to the location designated by the Service and set out in the register of addresses maintained by the clerk under Rule e.

The other change is stylistic. A new paragraph g 4 is inserted in the rule. The new paragraph authorizes an entity and a notice provider to agree that the notice provider will give notices to the entity at the address or addresses set out in their agreement. Rule 9 sets out the definition of a notice provider. The business of many entities is national in scope, and technology currently exists to direct the transmission of notice both electronically and in paper form to those entities in an accurate and much more efficient manner than by sending individual notices to the same creditor by separate mailings.

The rule authorizes an entity and a notice provider to determine the manner of the service as well as to set the address or addresses to which the notices must be sent. For example, they could agree that all notices sent by the notice provider to the entity must be sent to a single, nationwide electronic or postal address.

They could also establish local or regional addresses to which notices would be sent in matters pending in specific districts.

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