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(7) The person giving notice of a matter that requires notice to all creditors and parties in interest in a chapter 12 case shall, in addition to giving notice as required by subsection (5) of this rule, give notice to:
(A) U.S. Department of Agriculture,
Rural Housing Service (USDA, CSC); and
(B) Nevada Department of Taxation
Bankruptcy Division.
(8) Unless otherwise requested by the United States trustee or waived in the United States Trustee Guidelines, all documents filed by the debtor or party in interest with the United States Bankruptcy Court, other than proofs of claim, shall be served contemporaneously upon the United States trustee.
(b) Notice to creditors whose claims have been filed. After the expiration of a claims bar date in a chapter 7 case, all notices required by Fed. R. Bank. P. 2002(a) may be mailed only to the debtor, the trustee, all indenture trustees, creditors that hold claims for which proofs of claim have been filed with the clerk and to creditors, if any, that are permitted to file claims by reason of an extension granted pursuant to Fed. R. Bank. P. 3002(c)(1) or (c)(2).
(c) Manner of clerk’s notice to United States trustee and trustees. The clerk is authorized to serve the United States trustee and all trustees by transmitting a copy of any petition, pleading or paper for pickup by those persons and/or governmental unit. Such transmittal may be made by depositing any such petition, pleading or paper into a designated box located in the clerk’s office, which conditions for pickup may be changed from time to time at the clerk’s discretion. The clerk’s deposit of such transmittal is deemed to be receipt thereof, and it is the sole responsibility of such persons and/or governmental unit to collect these transmittals.
(d) Manner of clerk’s notice to attorneys. The clerk is authorized to serve any attorney, or any party represented by an attorney, by placing a copy of any petition, pleading, notice, order or other paper in a designated location in the clerk’s office. The clerk shall prescribe the conditions for pickup which may be changed from time to time at the clerk’s discretion. The clerk’s deposit of such pleading is deemed to be receipt thereof and will be made only the submitting attorney shown in the caption of the paper. In accordance with LR 9022, such attorney shall serve all other parties.
LR 2003. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.
A motion to waive the appearance of the debtor shall state that the United States trustee and the trustee in a chapter 7, 12 or 13 case have been contacted, and whether there is an objection to such waiver.
LR 2004. DEPOSITIONS AND EXAMINATIONS.
(a) Request for examination. All requests for orders pursuant to Fed. R. Bank. P. 2004 shall be made by motion and shall be accompanied by a proposed order.
(b) Order for examination. Orders for examination may be signed by the clerk if the date set for examination is more than ten (10) business days from the date such motion is filed. If examination is requested on less than ten (l0) business days notice, such motion shall include a statement as to whether or not the examination date has been agreed upon, or if no agreement has been reached, why examination on less than ten (10) business days notice is requested.
LR 2010. TRUSTEES - BONDS/SURETY.
(a) Blanket bond coverage. Trustees covered by the blanket bond applicable to the United States Trustee Region 17 and the District of Nevada shall pro rate the cost of the annual bond premium as to those asset estates held by the trustee at the time the bond premium is due and shall pay such pro rata share from each estate.
(b) Increase in bond premium. Any increase in the amount of the bond required in an individual case which results in an increase in the bond premium for that specific case shall be paid by the trustee from the assets of that specific case.
(c) Payment of bond premiums. All such bond premiums shall be paid by the trustee on or before the due date of such bond premium.
(d) Maintenance of original bonds. The United States trustee shall maintain all original bonds covering the trustees, and shall provide a copy to the clerk for purposes of maintaining the court’s record.
LR 2015. TRUSTEES - GENERAL.
Without altering the priorities established under 11 U.S.C. § 507, or creating a superpriority, a trustee or debtor who operates a business shall pay all taxes, fees, charges, or other required payments to governmental entities on a timely basis, except where otherwise ordered.
LR 2016. COMPENSATION OF PROFESSIONALS.
The court, each chapter 13 standing trustee (upon approval by the court), or the United States trustee may, from time to time, issue guidelines for fee applications. Unless otherwise ordered by the court, these guidelines must be observed. Copies of guidelines for fee applications shall be available upon request from the issuing entity.
LR 3001. CLAIMS AND EQUITY SECURITY INTERESTS - GENERAL.
(a) Form and Content. Each proof of claim must clearly state the chapter of the Bankruptcy Code under which the case is pending at the time the claim is filed.
(b) Transferred Claims.
(1) Each proof of claim for a transferred claim must clearly state on the face of the claim form, immediately adjacent to the bankruptcy case number, that (1) the claim has been “transferred other than for security” or (2) the claim has been “transferred for security.”
(2) Each claimant who files a proof of claim for a transferred claim shall prepare and provide to the clerk, contemporaneously with the filing of the proof of claim, the notice which is required to be mailed by Fed. R. Bank. P. 3001(e)(2), 3001(e)(3), or 3001(e)(4).
LR 3002. FILING OF PROOF OF CLAIM.
(a) Copies and Service. An original and one (1) copy of a proof of claim shall be filed in a chapter 12 or chapter 13 case. In all other cases, an original proof of claim shall be filed. If a creditor wishes to receive a file-stamped copy of such proof of claim, the creditor shall submit an additional copy to be returned to the creditor and if by mail, include a self-addressed, postage paid envelope. The clerk may request additional copies at any time. The creditor shall serve a copy of such proof of claim on debtor’s attorney, or on the debtor if the debtor is not represented by an attorney.
(b) Claim arising from rejection of executory contract or unexpired lease. The time for filing a proof of claim arising from the rejection of an executory contract or unexpired lease of the debtor under 11 U.S.C. § 365(d) is fixed at not later than ninety (90) days after the first date set for the meeting of creditors called under 11 U.S.C. § 341(a), unless otherwise ordered by the court.
LR 3003. FILING PROOF OF CLAIM OR EQUITY INTEREST IN CHAPTER 11 REORGANIZATION CASE.
Unless otherwise ordered by the court, and as provided by 11 U.S.C. § 502(b)(9), a proof of claim in a chapter 11 case shall be filed within ninety (90) days after the date first set for the meeting of creditors held pursuant to 11 U.S.C. § 341(a). The notice of the order setting the date for the first meeting of creditors shall also provide a bar date for filing claims.
LR 3004. NOTICE OF FILING OF CLAIMS BY DEBTOR OR TRUSTEE.
Unless otherwise ordered by the court, the debtor or trustee shall, upon filing of a claim pursuant to Fed. R. Bank. P. 3004, serve notice of the filing of such a claim on all creditors, the debtor and the trustee. The notice of filing shall include a copy of the claim or a statement of the amount and classification of the claim and the date of filing of the claim by the debtor or trustee.
LR 3007. CLAIMS - OBJECTIONS.
(a) Form of objection. An objection to claim is a contested matter governed by LR 9014. In addition, the following procedures shall apply:
(1) The objection must identify the holder of the claim, the amount of the claim and the date the claim was filed;
(2) The objection must contain a statement setting forth the grounds for the objection; and
(3) Unless grounds are stated for objecting to the entire claim, the objection must state the amount of the claim which is not in dispute.
(b) Responses to objection to claims. If an objection to a claim is opposed, a written response must be both filed and served upon the objecting party at least five (5) days prior to the scheduled hearing so that the objecting party has five (5) business days notice of the response.
(c) Hearing on objections. If a written response is not timely filed and served, the objection may be granted by the court without calling the matter and without receiving arguments or evidence. If a response is timely filed and served, the initial hearing may be treated by the court as a status and scheduling hearing.
(d) Bar date for filing objections to claims in chapter 11 cases. Unless otherwise extended by order of the court, all objections to claims in a chapter 11 case must be filed within sixty (60) days after entry of an order confirming a chapter 11 plan.
(e) Objections to claims in chapter 13 cases.
(1) Trustee guidelines for resolution of claim disputes.
(A) Each chapter 13 standing trustee, upon approval of the court, may issue guidelines for the resolution of claim disputes in chapter 13 cases. Unless otherwise ordered by the court, the guidelines prescribed by the trustee must be observed; and
(B) The standing trustees may from time to time revise the guidelines. When revised, the guidelines shall be reissued in full with a notation of the effective date of the revision.
(2) Copies of guidelines.
(A) Copies of the guidelines shall be available from each trustee upon request; and
(B) Each trustee shall maintain a mailing matrix of all persons requesting copies. Upon any revision, the standing trustee shall mail a copy of the reissued guidelines to each person on the matrix.
Vegas Law
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