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Guidelines For Service Lists And Shortened Service Lists In Complex Chapter 11 Cases (Exhibit G) - Texas
| Guidelines For Service Lists And Shortened Service Lists In Complex Chapter 11 Cases (Exhibit G) Form. This is a Texas form and can be used in Northern District Bankruptcy Court Federal . |
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EXHIBIT G. GUIDELINES FOR SERVICE LISTS AND SHORTENED SERVICE LISTS IN COMPLEX CHAPTER 11 CASES I. Bankruptcy Rule 2002 Notice/Service List A. Helpful Hints Regarding Whom to Include on the Service List in a Complex Chapter 11 Case. There are certain events and deadlines that occur in a Chapter 11 case which Federal Rules of Bankruptcy Procedure 2002 requires be broadly noticed to all creditors, indenture trustees, equity interest holders, and other parties in interest (ARule 2002 notice list@). To facilitate this, debtor=s counsel shall evaluate and consider whether the following persons and entities need to be included on the Rule 2002 notice list: 1. creditors (whether a creditor=s claim is disputed, undisputed, contingent, non-contingent, liquidated, unliquidated, matured, unmatured, fixed, legal, equitable, secured or unsecured); 2. indenture trustees; 3. financial institutions at which the debtor has maintained accounts (regardless of whether such institutions are creditors); 4. vendors with whom the debtor has dealt, even if the debtor=s records currently indicate no amount is owed; 5. parties to contracts, executory contracts or leases with the debtor; 6. federal, state, or local taxing authorities with which the debtor deals, including taxing authorities in every county in which the debtor owns real or personal property with regard to which ad valorem taxes might be owed; 7. governmental entities with which the debtor might interact (including, but not limited to, the U.S. Trustee and the SEC); 8. 9. any party who might assert a lien against property of the debtor; parties to litigation involving the debtor; 10. parties with which the debtor might be engaged in some sort of dispute, whether or not a claim has formally been made against the debtor; 11. 12. tort claimants or accident victims; insurance companies with whom the debtor deals or has policies; American LegalNet, Inc. www.FormsWorkflow.com 13. 14. 15. 16. active and retired employees of the debtor; officers or directors of the debtor; customers who are owed deposits, refunds, or store credit; utilities; 17. shareholders (preferred and common), holders of options, warrants or other rights or equitable interests in the debtor; 18. miscellaneous others who, in debtor counsel=s judgment, might be entitled to Aparty in interest@ status or who have requested notice. B. Flexible (AUser Friendly@) Format Rules for Mailing Matrix or Creditor List in a Complex Debtor 11 Case in Which Debtor=s Counsel Serves Notices. In a complex Chapter 11 case, where the mailing matrix (or creditor list) is likely to be very lengthy, the following special format rules will apply, [in lieu of any applicable local bankruptcy rule, save and except the Administrative Procedures for the Filing, Signing and Verifying of Documents by Electronic Means in Texas Bankruptcy Courts, adopted by local rule or general order in all federal districts in Texas] whenever it is the debtor=s responsibility to serve notices in the case. The debtor (since it will typically be the party serving all notices in the Chapter 11 case rather than the clerk of court) may create the mailing matrix or creditor list in whatever format it finds convenient so long as it is neatly typed in upper and lower case letter-quality characters (in no smaller than 10 point and no greater than 14 point type, in either Courier, Times Roman, Helvetica or Orator font) in a format equivalent to 8 2 inch by 11 inch blank, unlined, standard white paper. The mailing matrix or creditor list, if lengthy, should ideally include separate subheadings throughout, to help identify categories of parties in interest. By way of example, the following subheadings (among others) might be used: Debtor and its Professionals Secured Creditors Indenture Trustees Unsecured Creditors Governmental Entities Current and Retired Employees Officers and Directors Tort Claimants Parties to Executory Contracts Equity Interest Holders Other Parties in interest within each category/subheading should be listed alphabetically. American LegalNet, Inc. www.FormsWorkflow.com Also, the mailing matrix or creditor list may be filed in separate volumes, for the separate categories of parties in interest, if the mailing matrix or creditor list is voluminous. Finally, if there are multiple, related debtors and the debtors intend to promptly move for joint administration of their cases, the debtors may file a consolidated mailing matrix or creditor list, subject to later being required to file separate mailing matrices if joint administration is not permitted. C. When Inclusion of Certain Parties in Interest on a Mailing Matrix is Burdensome. If inclusion of certain categories of parties in interest on the mailing matrix or creditor list would be extremely impracticable, burdensome and costly to the estate, the debtor may file a motion, pursuant to FRBP. 2002(l), and on notice to the affected categories of parties in interest, requesting authority to provide notices to certain categories of parties in interest and may forego including those categories of parties in interest on the mailing matrix if the court grants the motion. II. Shortened Service List Procedure in a Complex Chapter 11 Case A. Procedures/Contents/Presumptions. If the court has entered an order granting complex Chapter 11 case treatment, the debtor shall provide service as required by paragraph 1 of that order. If the court has not entered such an order, the debtor may move to limit notice B that is, for approval of a shortened service list B that will be acceptable for noticing most events in the bankruptcy case, other than those events/deadlines that Federal Rules of Bankruptcy Procedure 2002 contemplates be served on all creditors and equity interest holders. At a minimum, the shortened list should include the debtor and its professionals, the secured creditors, the 20 largest unsecured creditors, any official committees and the professionals for same, the U.S. Trustee, the IRS and other relevant governmental entities, and all parties who have requested notice. Upon the court=s approval of a shortened service list in a complex Chapter 11 case, notice in any particular situation during a case shall be presumed adequate if there has been service on (1) the most current service list on file in the case; plus (2) any other party directly affected by the relief requested and not otherwise included on the service list. B. Obligation to Update, File and Serve Ser
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