Mega Case Procedures Checklist | Pdf Fpdf Doc Docx | California

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Mega Case Procedures Checklist | Pdf Fpdf Doc Docx | California

Last updated: 5/30/2015

Mega Case Procedures Checklist

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Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number CHAPTER: CASE NO.: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA CASE NAME: MEGA CASE PROCEDURES CHECKLIST Estimate of: Number of Creditors Number of Claims to be filed Number of Pleadings to be filed Number of Adversary Proceedings to be filed Assets It is proposed the following will be employed by the estate (check all that apply): Noticing Agent/Claims Processor Estate Clerk Independent Printer Other Instructions: Mark either the "YES" or "NO" box for each question listed in this declaration. For each question that a "NO" box is marked (other than question 1, 20 or 30), an explanation must be provided on the "COMMENTS" page. I. Noticing Agent/Claims Processor Delegation of Noticing/Claims Service Functions - The noticing/claims agent ("Agent") maintains the claims docket for the Court and performs all claims functions required by statute. The noticing/claims agent also maintains a database of all creditors in the case and sends notices to these creditors, as requested by the Court. YES NO 1. 2. 3. 3a. Are you proposing the estate hire a Noticing Agent/Claims Processor? (If no, skip to Section II.) Is the price list attached to the motion and are the service charges fair and reasonable? Does the motion state the Debtor has surveyed or solicited bids from different claims processing and noticing agents before designating a proposed agent? If no, what criteria was used to select the agent? 4. 5. 6. Does the motion state the Agent is not a creditor in the case? Does the motion state the Agent shall be subject to the consent and approval of the Clerk of Court? Does the motion state the Agent shall be at the expense of the estate and be paid directly by the Debtor? June 19, 2003 Mega Case Procedures Checklist - Page 2 of 5 YES NO 7. 8. 9. 10. 11. 12. 13. Does the motion state the Agent shall be under the supervision and control of the Clerk of Court but not be an employee of the United States government? Does the motion state the Agent shall waive any rights to receive compensation from the United States government in its capacity as Agent in this case? Does the motion state the Agent shall not employ any past or present employees of the Debtor in connection with its work as the Agent in this case unless otherwise approved by the Clerk of Court? Does the motion state the Agent shall maintain copies of all proofs of claim or interest at a location other than where the originals are maintained? Does the motion state the Agent shall implement security measures to ensure the completeness and integrity of the claims registers as approved by the Clerk of Court? Does the motion state the Agent shall transmit to the Clerk of Court a copy of the claims registers every week or as frequently as requested by the Clerk of Court? Does the motion state the Agent shall provide a proof of claim viewing area without charge during normal business hours (9:00 a.m.-4:00 p.m. Pacific Time)? 13a. In what city is the viewing area located? (provide address) 14. 15. Does the motion state the Clerk of Court shall be entitled to inspect the Agent's premises at anytime? Does the motion state the Agent shall audit the claims information periodically to satisfy the Clerk of Court that the claims information is being appropriately and accurately recorded in the Court's claims register? Does the motion state the Clerk of Court shall be able to independently audit the claims information at anytime? 16. II. Motions and Other Pleadings 17. Does the motion state the party submitting a particular pleading or other document with the Court shall be responsible for all noticing and service functions relevant to the particular matter as may be required under applicable rules and shall file with the Clerk of Court a declaration of service regarding such noticing and service? III. Notice of Entry of Order or Judgment 18. Does the motion state the attorney for the party submitting the proposed order or judgment shall serve copies upon all parties entitled to receive notice of the entry of the order or judgment as soon as practicable? Does the motion state the attorney shall be responsible for photocopying the conformed copies in order to relieve the Clerk's Office from the large burden of photocopying these orders? 19. June 19, 2003 Mega Case Procedures Checklist - Page 3 of 5 IV. Employment of Special Employees of the Estate (Estate Clerk) YES NO 20. 21. 22. 23. 24. 25. 26. 27. Does the motion state the Debtor shall furnish one or more employees to assist the Clerk's Office in the administration of this case as the Clerk of Court deems necessary. (If no, skip to Section V.) The employee shall not be designated as a part-time employee in the motion or order? Does the motion state the employee of the Estate shall be subject to the consent and approval of the Clerk of Court? Does the motion state the employee of the Estate shall be at the expense of the estate and be paid directly by the Debtor? Does the motion state the employee of the Estate shall be under the supervision and control of the Clerk of Court but not be an employee of the United States government? Does the motion state an employee of the Estate shall waive any rights to receive compensation from the United States government in its capacity as an employee in this case? Does the motion state an employee of the Estate shall not be a past or present employee of the Debtor unless otherwise approved by the Clerk of Court? Does the motion state an employee of the Estate may perform non-estate functions as the Clerk of Court deems necessary in exchange for Clerk's Office employees performing court-related docketing functions for the Estate? V. Additional Space and Equipment 28. 29. Does the motion state the Debtor shall be directly responsible for the cost of any additional space or equipment such as designated telephone lines and automation equipment, etc., if necessary? Does the motion state the Debtor shall be responsible for payment for the designated post office boxes retained for receiving filings in this case? VI. Independent Printer Delegation of Printer Functions - At an offsite location near the Court, the independent printer ("Printer") maintains copies of all orders, pleadings and other documents filed in the case for inspection by the public during business hours. The printer also provides copies of these documents and case dockets to the public for a

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