9013-3. SERVICE

9013-3. Service.

(a) Service by Mail. The time limits established in these Bankruptcy Local Rules contemplate that, unless otherwise ordered, service of all papers governed by these rules will be accomplished by first class mail.

(b) Certificate of Service. A certificate of service shall identify the capacity in which the person or entity was served. Capacity to be identified includes: Debtor(s); Attorney for Debtor(s); Trustee; Attorney for Trustee; Twenty Largest Unsecured Creditors; and Special Notice List. If notice to the 20 largest unsecured creditors is required, and there are less than 20 unsecured creditors of the estate, the certificate of service shall also indicate that all unsecured creditors were served. This rule shall not apply to motions and applications served on all creditors or motions in adversary proceedings.

(c) Service by Electronic Filing. Notwithstanding subparagraph (a) of this rule, transmission of the Notification of Electronic Filing by the Clerk to a Registered Participant shall constitute effective service of all papers and notices governed by Bankruptcy Rule 9014(b) (except motions), and Bankruptcy Rule 7005, Federal Rule of Civil Procedure 5(b) and Bankruptcy Rule 9022.

Commentary

Service of initiating papers, such as the summons and complaint in an adversary proceeding or a motion for stay relief or other contested matter, are not governed by this rule and must still be made by paper. Likewise, general notices to creditors pursuant to Bankruptcy Rule 2002 must still be served by mail and are not governed by this rule.

However, service of papers governed by FRCivP 5, including answers to complaints, motions in adversary proceedings, responses to motions, etc., is governed by this rule. Each CM/ECF participant who has appeared in the case or adversary proceeding receives an email from the Court containing a link to the paper. This rule makes service by electronic mail effective service of these matters. As to matters governed by this rule, filing parties need only serve persons who are not CM/ECF participants.


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