LBR 2002-2. NOTICE TO AND SERVICE UPON THE UNITED STATES OR FEDERAL AGENCIES

LBR 2002-2. NOTICE TO AND SERVICE UPON THE UNITED STATES OR FEDERAL AGENCIES

(a) United States Trustee.
(1) Duty to Provide Notice to and Service Upon the United States trustee. Pursuant
to FRBP 2002(k), FRBP 9034 and these rules, and unless otherwise directed, a
copy of any paper filed by a person or entity in a bankruptcy case or adversary
proceeding under chapters 7, 9, or 11 must be served upon the United States
trustee. Proofs of claim or copies thereof must not be served upon the United
States trustee. In chapter 12 or 13 cases, only a notice of conversion or motion to
convert the case to another chapter must be served upon the United States trustee.
(2) Consent to Electronic Notice and Service of Papers Filed with the Court.
Notwithstanding subsection (a)(1) of this rule, and except as provided in subsection
(a)(3) of this rule, the United States trustee consents to electronic notice and
service of any paper filed in a bankruptcy case or adversary proceeding.
(A) Electronic Notice. The electronic transmission to the United States trustee
of an NEF or a notice through the Bankruptcy Noticing Center constitutes notice to the United States trustee of a paper filed in a bankruptcy case or adversary proceeding, including notice of entry of an order or judgment, whether it is the duty of the clerk or another person or entity to give such notice. A proof of service prepared and filed pursuant to LBR 9013-3 must state that the United States trustee will be served electronically by the court.
(B) Electronic Service. The electronic transmission to the United States trustee
of an NEF regarding a paper filed in a bankruptcy case or adversary proceeding, which is required to be served on the United States trustee pursuant to FRBP 2002(k), FRBP 9022, FRBP 9034 or these rules, constitutes service of the paper on the United States trustee. A proof of service prepared and filed pursuant to LBR 9013-3 must state that the United States trustee will be served electronically by the court.
(3) Exceptions to Electronic Notice and Service. Notwithstanding the foregoing and
in addition to the exceptions to electronic notice and service set forth in
LBR 9036-1(b), the following papers must be served on the United States trustee
non-electronically:
(A) A paper exceeding 50 pages in length, including exhibits;
(B) A matter to be heard as an emergency motion or on shortened time
pursuant to LBR 9075-1, and any response thereto;
(C) Any paper filed within 7 days of the date of the hearing;
(D) Proposed orders or judgments if required to be served on the United States
trustee under LBR 9021-1(b);
(E) Complaints served upon the United States trustee as a defendant. Persons
and entities must comply with FRBP 7004(b)(10) when the United States trustee is named in an adversary proceeding as a party, whether or not the United States trustee is a trustee in the case;
(F) Any paper served upon the United States trustee and/or any of the United
States trustee’s staff in their capacity as individuals. The service of any such filing must be made in compliance with Rule 4 of the F.R.Civ.P. and with any and all other applicable rules of civil, bankruptcy and/or appellate procedure; and
(G) Any other document specified in the court’s CM/ECF Procedures.
(4) Notice of Emergency Motion and Hearing Held on Shortened Notice. Telephonic
notice of an emergency motion or hearing set on shortened notice must be given
to the United States trustee if the United States trustee would otherwise be entitled
to notice of the type of motion or hearing.
(5) Place of Service for Non-electronic Notice or Service. The United States trustee
must be included in the master mailing list. For papers for which the United States
trustee has not consented to electronic notice and service, the United States trustee
must be served non-electronically at the applicable mailing address listed in the
Register of Federal and State Governmental Unit Addresses contained in the Court
Manual available from the clerk and on the court’s website.
(b) United States Attorney. The United States attorney for this district has waived notice under FRBP 2002(j). If notice is required in a case or proceeding, the United States attorney must file a request for special notice with the court and serve the debtor, debtor’s attorney (if any), the United States trustee, any trustee, and the representatives of any committee appointed in a case.
(c) Internal Revenue Service.
(1) General Notice Matters. Except with respect to contested matters or adversary
proceedings (where service must comply with the requirements of FRBP 7004 and
LBR 2002-2(c)(2)), or as otherwise ordered by the court, the United States Internal
Revenue Service must be served at the address listed in the Register of Federal and
State Governmental Unit Addresses contained in the Court Manual available from
the clerk and on the court’s website.
(2) Adversary Proceedings and Contested Matters. In all contested matters and
adversary proceedings involving the United States Internal Revenue Service, the
United States, the Attorney General in Washington, D.C., and the United States
attorney in Los Angeles must be served at addresses listed in the Register of
Federal and State Governmental Unit Addresses contained in the Court Manual
available from the clerk and on the court’s website.
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