Rule 2002. Notices — Inbound Citations

(a) Except as provided in § 707(a)(3), 707(b), 1208(b), or 1307(b), or in Rule 1017(b), (c), or (e), the court must conduct a hearing on notice under Rule 2002 before dismissing a case on the petitioner’s motion, for want of prosecution or other cause, or by the parties’ consent. For the purpose of the notice, a debtor who has not already filed a list of creditors and their addresses must do so before the deadline set by the court. If the debtor fails to timely file the list, the court may order the debtor or another entity to do so.

(2) Notice and Manner of Conducting the Election. A trustee’s election under § 1104(b) must be conducted as Rules 2003(b)(3) and 2006 provide, and notice of the meeting of creditors must be given as Rule 2002 provides. The United States trustee must preside at the meeting. A proxy to vote in the election may be solicited only by a creditors’ committee appointed under § 1102 or by another party entitled to solicit a proxy under Rule 2006.

(d) If the plan was not included with the notice of a confirmation hearing mailed under Rule 2002, the debtor must serve the plan on the trustee and creditors when it is filed.

(3) Hearing on the Objection; Procedure If No Objection Is Filed. After notice and a hearing as provided in Rule 2002, the court must rule on confirmation. If no objection is timely filed, the court may, without receiving evidence, determine that the plan was proposed in good faith and not by any means forbidden by law.

(a) On the trustee’s motion and after notice and a hearing, the court may approve a compromise or settlement. Notice must be given to:

• all creditors;

• the United States trustee;

• the debtor;

• all indenture trustees as provided in Rule 2002; and

• any other entity the court designates.

(2) Court Action. The court in the district where the first petition is filed may determine the district or districts in which the cases should proceed in the interest of justice or for the convenience of the parties. The court may do so on timely motion and after a hearing on notice to:

• the United States trustee;

• entities entitled to notice under Rule 2002(a); and

• other entities as the court orders.

(d) The court may dismiss a case or suspend proceedings under § 305 only after a hearing on notice under Rule 2002(a).

(A) under Rule 2002(a)(2), (c)(1), (i), and (k); and

(2) When Not Permitted. The court may not reduce the time to act under Rule 2002(a)(7), 2003(a), 3002(c), 3014, 3015, 4001(b)(2) or (c)(2), 4003(a), 4004(a), 4007(c), 4008(a), 8002, or 9033(b). Also, the court may not reduce the time set by Rule 1007(c) to file the certificate required by Rule 1007(b)(7).

(A) Notice. Except as provided in Rule 3017.1 for a small business case, the court must hold a hearing on a disclosure statement filed under Rule 3016(b) and any objection or modification to it. The hearing must be held on at least 28 days’ notice under Rule 2002(b) to:

• the debtor;

• creditors;

• equity security holders; and

• other parties in interest.

(2) Time to Object to a Plan; Notice of the Confirmation Hearing. Notice of the time to file an objection to a plan’s confirmation and the date of the hearing on confirmation must be mailed to creditors and equity security holders in accordance with Rule 2002(b). A ballot that conforms to Form 314 must also be mailed to creditors and equity security holders who are entitled to vote on the plan. If the court’s opinion is not sent (or only a summary of the plan was sent), a party in interest may request a copy of the opinion or plan, which must be provided at the plan proponent’s expense.

(1) Notice. Notice must be given under Rule 2002(b) of the time to file an objection and the date of a hearing to consider final approval of the disclosure statement. The notice may be combined with notice of the confirmation hearing.

(A) provide the information required by Rule 2002(c)(3); and

(B) the time to file a proof of claim under § 348(d), unless a notice of insufficient assets to pay a dividend has been mailed under Rule 2002(e).

(A) a notice of insufficient assets to pay a dividend had been given under Rule 2002(e); and

(4) Notice to the United States Trustee, the Creditors, and the Trustee. At least 28 days’ notice of the time for filing must be given to:

• the United States trustee under Rule 2002(k);

• all creditors under Rule 2002(f);

• the trustee; and

• the trustee’s attorney.

The clerk must promptly notify in the manner provided by Rule 2002(f) all parties in interest of an order:

(9) “Notice provider” means an entity approved by the Administrative Office of the United States Courts to give notice to creditors under Rule 2002(g)(4).

(3) Copy to the United States Trustee. In a Chapter 11 case, a copy of the order must be sent to the United States trustee under Rule 2002(k).

(4) Notice to the United States Trustee, the Creditors, and the Trustee. At least 28 days’ notice of the time for filing must be given to:

• the United States trustee under Rule 2002(k);

• all creditors under Rule 2002(f);

• the trustee; and

• the trustee’s attorney.