2002-1. APPLICABILITY OF RULE; NOTICES TO ALL CREDITORS AND PARTIES IN INTEREST.

2002-1. APPLICABILITY OF RULE; NOTICES TO ALL CREDITORS AND PARTIES IN INTEREST.

(a) APPLICABILITY OF RULE. This rule clarifies when and how a notice
of intended action or a notice of hearing shall be used.
(b) 10- 7-DAY NOTICE (MOTION TO EXTEND AUTOMATIC STAY). The notice required under 11 U.S.C. § 362(c)(3)(B) to extend the automatic stay shall be served not later than ten (10) seven (7) days after the order for relief.
(c) 30-DAY NOTICE (MOTION TO IMPOSE AUTOMATIC STAY). The notice required under 11 U.S.C. § 362(c)(4)(B) to impose the automatic stay shall be served not later than thirty (30) days after the order for relief.
(d) 28-DAY NOTICE. The notices required by Fed. R. Bankr. P. 2002(a)(2), (3), (5), (6), (7) and (8), and (b)(2) and (d) (1-4) and (7) and Local Bankruptcy Rule 2002-2(a), including notice of the opportunity to object to confirmation of a chapter 13 plan, shall be given at least twenty-eight (28) days before the occurrence of the intended action or hearing, unless the court directs otherwise.
(e) 39-DAY NOTICE (DISCLOSURE STATEMENTS AND PLAN CONFIRMATIONS). The notice to all creditors, parties in interest and equity security holders of a hearing to consider approval of a disclosure statement, confirmation of a plan in other than chapter 13 cases, or the post-confirmation modification of a chapter 13 plan, required by Fed. R. Bankr. P. 2002(a)(5), Fed. R. Bankr. P. 2002(b) and
(d)(5-7), shall be given by the proponent at least thirty-nine (39) days before the hearing, unless the court directs otherwise.
(f) NOTICE BY CHAPTER 7 TRUSTEE. In cases where the estate has less than $1,000 in cash, and unless the court directs otherwise, the clerk shall mail any notices required to be mailed to all creditors by the chapter 7 trustee.
(g) NOTICE OF § 341(A)MEETING BY CHAPTER 11 OR 12 DEBTOR.
(1) NOTICE TO CREDITORS. When there are 1,000 or more creditors in a chapter 11 or 12 case, the debtor shall mail the notice of § 341(a) meeting required by Fed. R. Bankr. P. 2002(a)(1). The notice shall be in the format provided by the clerk.
(2) NOTICE TO EQUITY SECURITY HOLDERS. The debtor shall mail notice
of the order for relief and any other notices required by Fed. R. Bankr. P. 2002(d).
(h) FILING OF PAPERS WITH CLERK. The motion and notice together with
proof of service showing compliance with this rule, must be filed with the clerk no later than the next business day following the date of service.
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