Types of Notices that the Clerk's Office Will Send Out On Behalf of Trustees or their Counsel:
If a Chapter 7 or 13 trustee, or an attorney representing such a trustee, files certain notices, the clerk's office will send those notices to all interested parties in the case on the trustee's behalf. The following is a list of the types of notices that the clerk's office will send out on a trustee's behalf:
- Notice of Compromise
- Notice of Proposed Abandonment
- Notice of Proposed Sale
- Notice of Motion to Dismiss
- Notice of Motion to Convert
- Notice of Application for Compensation/Administrative Fees1
- Notice of Final Report
- Notice of Request to Shorten Time on any of the above Notices
- Notice to Reopen a Case2
- Notice to Reinstate Case2
Circumstances Under Which the Clerk's Office Will Send A Notice to All Creditors:
The clerk's office will send notices to all creditors only if a provision of the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure requires that particular type of notice be sent to all creditors.
Circumstances Under Which the Clerk's Office Will Send Out the Motion along with the Notice:
The clerk's office will send only the notice of the motion, not the motion itself or any accompanying documents, unless you combine the motion and notice into a single document that does not exceed 8 single-sided pages (i.e., "Motion to Dismiss for Failure to Attend Section 341 Meeting and Notice of Motion"). If you cannot combine the motion and notice into a single document, you must docket the notice separately from the motion in order to ensure that the clerk's office sends the notice to all interested parties. There are no limitations to the number of pages when a notice is docketed separately from the motion.
Procedure for Docketing Notices:
To docket a notice, access CM/ECF. From the Bankruptcy pick list at the top, left-hand side of the screen, select Notices. In the field provided, enter the case number for the case in which you wish to docket the notice. Then click Next. From the list provided, select Trustee Notices. Then browse your system for the PDF image of your notice. Select the notice you wish to file from the drop-down menu. If applicable, insert an objection date. You then should see the final docket text.
1 The clerk's office will send this notice only if the entity submitting the application requests compensation in an amount exceeding $1,000.
2 The clerk's office will send this notice only to the debtor, the debtor's attorney and any creditor that has requested notice.