Federal Rules of Bankruptcy Procedure
Rule 2002 — Notices
Fed. R. Bankr. P. 2002
Fed. R. Bankr. P. 2002 (Notices) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Bluebook
Fed. R. Bankr. P. 2002.
Text
(a)21-DAY NOTICES TO THE DEBTOR, TRUSTEE, CREDITORS, AND IN-
DENTURE TRUSTEES. Except as (h), (i), (l), (p), and (q) provide
otherwise, the clerk or the court’s designee must give the debtor,
the trustee, all creditors, and all indenture trustees at least 21
days’ notice by mail of:
(1)the meeting of creditors under §341 or §1104(b), which no-
tice—unless the court orders otherwise—must include the
debtor’s:
(A)employer-identification number;
(B)social-security number; and
(C)any other federal taxpayer-identification number;
(2)a proposal to use, sell, or lease property of the estate
other than in the ordinary course of business—unless the
court, for cause, shortens the time or orders another method
of giving notice;
(3)a hearing to approve a compromise or settlement other
than an
Free access — add to your briefcase to read the full text and ask questions with AI
(a) 21-DAY NOTICES TO THE DEBTOR, TRUSTEE, CREDITORS, AND IN-
DENTURE TRUSTEES. Except as (h), (i), (l), (p), and (q) provide
otherwise, the clerk or the court’s designee must give the debtor,
the trustee, all creditors, and all indenture trustees at least 21
days’ notice by mail of:
(1) the meeting of creditors under §341 or §1104(b), which no-
tice—unless the court orders otherwise—must include the
debtor’s:
(A) employer-identification number;
(B) social-security number; and
(C) any other federal taxpayer-identification number;
(2) a proposal to use, sell, or lease property of the estate
other than in the ordinary course of business—unless the
court, for cause, shortens the time or orders another method
of giving notice;
(3) a hearing to approve a compromise or settlement other
than an agreement under Rule 4001(d)—unless the court, for
cause, orders that notice not be given;
(4) a hearing on a motion to dismiss a Chapter 7, 11, or 12
case or to convert it to another chapter—unless the hearing is
under §707(a)(3) or §707(b) or is on a motion to dismiss the case
for failure to pay the filing fee;
(5) the time to accept or reject a proposed modification to a
plan;
(6) a hearing on a request for compensation or for reimburse-
ment of expenses, if the request exceeds $1,000;
(7) the time to file a proof of claim under Rule 3003(c);
(8) the time to file an objection to—and the time of the hear-
ing to consider whether to confirm—a Chapter 12 plan; and
(9) the time to object to confirming a Chapter 13 plan.
(b) 28-DAY NOTICES TO THE DEBTOR, TRUSTEE, CREDITORS, AND IN-
DENTURE TRUSTEES. Except as (l) provides otherwise, the clerk or
the court’s designee must give the debtor, trustee, all creditors,
and all indenture trustees at least 28 days’ notice by mail of:
(1) the time to file an objection and the time of the hearing
to:
(A) consider approving a disclosure statement; or
(B) determine under §1125(f) whether a plan includes ade-
quate information to make a separate disclosure state-
ment unnecessary;
(2) the time to file an objection to—and the time of the hear-
ing to consider whether to confirm—a Chapter 9 or 11 plan; and
(3) the time of the hearing to consider whether to confirm a
Chapter 13 plan.
(c) CONTENTOFANOTICE.
(1) Proposed Use, Sale, or Lease of Property. Subject to Rule
6004, a notice of a proposed use, sale, or lease of property under
(a)(2) must include:
(A) a general description of the property;
(B) the time and place of any public sale;
(C) the terms and conditions of any private sale;
(D) the time to file objections; and
(E) for a proposed sale or lease of personally identifiable
information under §363(b)(1), a statement whether the sale
is consistent with any policy that prohibits transferring
the information.
(2) Hearing on an Application for Compensation or Reimburse-
ment. A notice under (a)(6) of a hearing on a request for com-
pensation or for reimbursement of expenses must identify the
applicant and the amounts requested.
(3) Hearing on Confirming a Plan That Proposes an Injunction.
If a plan proposes an injunction against conduct not otherwise
enjoined under the Code, the notice under (b)(2) must:
(A) state in conspicuous language (bold, italic, or under-
lined text) that the plan proposes an injunction;
(B) describe briefly the nature of the injunction; and
(C) identify the entities that would be subject to it.
(d) NOTICE TO EQUITY SECURITY HOLDERS IN A CHAPTER 11 CASE.
Unless the court orders otherwise, in a Chapter 11 case the clerk
or the court’s designee must give notice as the court orders to the
equity security holders of:
(1) the order for relief;
(2) a meeting of equity security holders under §341;
(3) a hearing on a proposed sale of all, or substantially all,
the debtor’s assets;
(4) a hearing on a motion to dismiss a case or convert it to
another chapter;
(5) the time to file an objection to—and the time of the hear-
ing to consider whether to approve—a disclosure statement;
(6) the time to file an objection to—and the time of the hear-
ing to consider whether to confirm—a Chapter 11 plan; and
(7) the time to accept or reject a proposal to modify a plan.
(e) GIVING NOTICE OF NO DIVIDEND IN A CHAPTER 7 CASE. In a
Chapter 7 case, if it appears from the schedules that there are no
assets from which to pay a dividend, the notice of the meeting of
creditors may state:
(1) that fact;
(2) that filing proofs of claim is unnecessary; and
(3) that further notice of the time to file proofs of claim will
be given if enough assets become available to pay a dividend.
(f) OTHERNOTICES.
(1) Various Notices to the Debtor, Creditors, and Indenture
Trustees. Except as (l) provides otherwise, the clerk, or some
other person as the court1 may direct, must give the debtor,
creditors, and indenture trustees notice by mail of:
(A) the order for relief;
(B) a case’s dismissal or conversion to another chapter;
(C) a suspension of proceedings under §305;
(D) the time to file a proof of claim under Rule 3002;
(E) the time to file a complaint to object to the debtor’s
discharge under §727, as Rule 4004 provides;
(F) the time to file a complaint to determine whether a
debt is dischargeable under §523, as Rule 4007 provides;
(G) a waiver, denial, or revocation of a discharge, as Rule
4006 provides;
(H) entry of an order confirming a plan in a Chapter 9,
11, 12 or 13 case;
(I) a summary of the trustee’s final report in a Chapter
7 case if the net proceeds realized exceed $1,500;
(J) a notice under Rule 5008 regarding the presumption of
abuse;
(K) a statement under §704(b)(1) about whether the debt-
or’s case would be presumed to be an abuse under §707(b);
and
1Amendment by Pub. L. 98–91 enacted the word ‘‘Court’’.
(L) the time to request a delay in granting the discharge
under §1141(d)(5)(C), 1228(f), or 1328(h).
(2) Notice of the Time to Accept or Reject a Plan. Notice of the
time to accept or reject a plan under Rule 3017(c) must be
given in accordance with Rule 3017(d).
(g) ADDRESSINGNOTICES.
(1) In General. A notice mailed to a creditor, indenture trust-
ee, or equity security holder must be addressed as the entity
or its authorized agent provided in its last request filed in the
case. The request may be:
(A) a proof of claim filed by a creditor or an indenture
trustee designating a mailing address (unless a notice of
no dividend has been given under (e) and a later notice of
a possible dividend under Rule 3002(c)(5) has not been
given); or
(B) a proof of interest filed by an equity security holder
designating a mailing address.
(2) When No Request Has Been Filed. Except as §342(f) provides
otherwise, if a creditor or indenture trustee has not filed a re-
quest under (1) or Rule 5003(e), the notice must be mailed to
the address shown on the list of creditors or schedule of liabil-
ities, whichever is filed later. If an equity security holder has
not filed a request, the notice must be mailed to the address
shown on the list of equity security holders.
(3) Notices to Representatives of an Infant or Incompetent Per-
son. This paragraph (3) applies if a list or schedule filed under
Rule 1007 includes a name and address of an infant’s or an in-
competent person’s representative, and a person other than
that representative files a request or proof of claim designat-
ing a different name and mailing address. Unless the court or-
ders otherwise, the notice must be mailed to the designated
address of:
(A) the representative; and
(B) the person filing the request or proof of claim.
(4) Using an Address Agreed to Between an Entity and a Notice
Provider. Notwithstanding (g)(1)–(3), when the court orders
that notice be given, the notice provider may do so in the
manner agreed to between the provider and an entity, and at
the address or addresses the entity supplies. An address sup-
plied by the entity is conclusively presumed to be a proper ad-
dress. But a failure to use a supplied address does not invali-
date a notice that is otherwise effective under applicable law.
(5) When a Notice Is Not Brought to a Creditor’s Attention. A
creditor may treat a notice as not having been brought to the
creditor’s attention under §342(g)(1) only if, before the notice
was issued, the creditor has filed a statement:
(A) designating the name and address of the person or or-
ganizational subdivision responsible for receiving notices;
and
(B) describing the creditor’s procedures for delivering no-
tices to the designated person or organizational subdivi-
sion.
(h) NOTICE TO CREDITORS WHO FILED PROOFS OF CLAIM IN A CHAP-
TER7, 12, OR13 CASE.
(1) Voluntary Case. This paragraph (1) applies in a voluntary
Chapter 7 case, or in a Chapter 12 or 13 case. After 70 days fol-
lowing the order for relief under that chapter or the date of
the order converting the case to Chapter 12 or 13, the court
may direct that all notices required by (a) be mailed only to:
• the debtor;
• the trustee;
• indenture trustees;
• creditors with claims for which proofs of claim have
been filed; and
• creditors that are still permitted to file proofs of claim
because they have received an extension of time under
Rule 3002(c)(1) or (2).
(2) Involuntary Case. In an involuntary chapter2 7 case, after
90 days following the order for relief, the court may order that
all notices required by (a) be mailed only to those entities list-
ed in (1).
(3) When Notice of Insufficient Assets Has Been Given. If notice
of insufficient assets to pay a dividend has been given to credi-
tors under (e), after 90 days following the mailing of a notice
of the time to file proofs of claim under Rule 3002(c)(5), the
court may order that notices be mailed only to those entities
listed in (1).
(i) NOTICETOACOMMITTEE.
(1) In General. Any notice required to be mailed under this
Rule 2002 must also be mailed to a committee elected under
§705 or appointed under §1102, or to its authorized agent.
(2) Limiting Notices. The court may order that a notice re-
quired by (a)(2), (3), or (6) be:
(A) sent to the United States trustee; and
(B) mailed only to:
(i) the committees elected under §705 or appointed
under §1102, or to their authorized agents; and
(ii) those creditors and equity security holders who
file—and serve on the trustee or debtor in possession—
a request that all notices be mailed to them.
(3) Copy to a Committee. A notice required under (a)(1), (a)(5),
(b), (f)(1)(B)–(C), or (f)(1)(H)—and any other notice as the court
orders—must be sent to a committee appointed under §1114.
(j) NOTICE TO THE UNITED STATES. A notice required to be mailed
to all creditors under this Rule 2002 must also be mailed:
(1) in a Chapter 11 case in which the Securities and Exchange
Commission has filed either a notice of appearance or a re-
quest to receive notices, to the SEC at any place it designates;
(2) in a commodity-broker case, to the Commodity Futures
Trading Commission at Washington, D.C.;
(3) in a Chapter 11 case, to the Internal Revenue Service at
the address in the register maintained under Rule 5003(e) for
the district where the case is pending;
(4) in a case in which the documents disclose that a debt
(other than for taxes) is owed to the United States, to the
2So in original. Probably should be capitalized.
United States attorney for the district where the case is pend-
ing and to the United States department, agency, or instru-
mentality through which the debtor became indebted; or
(5) in a case in which the filed documents disclose a stock in-
terest of the United States, to the Secretary of the Treasury
at Washington, D.C.
(k) NOTICETOTHEUNITEDSTATESTRUSTEE.
(1) In General. Except in a Chapter 9 case or unless the
United States trustee requests otherwise, the clerk or the
court’s designee must send to the United States trustee notice
of:
(A) all matters described in (a)(2)–(4), (a)(8)–(9), (b),
(f)(1)(A)–(C), (f)(1)(E), (f)(1)(G)–(I), and (q);
(B) all hearings on applications for compensation or for
reimbursement of expenses; and
(C) any other matter if the United States trustee re-
quests it or the court orders it.
(2) Time to Send. The notice must be sent within the time
that (a) or (b) prescribes.
(3) Exception Under the Securities Investor Protection Act. In a
case under the Securities Investor Protection Act, 15 U.S.C.
§78aaa et seq., these rules do not require any document to be
sent to the United States trustee.
(l) NOTICE BY PUBLICATION. The court may order notice by publi-
cation if notice by mail is impracticable or if it is desirable to
supplement the notice.
(m) ORDERS CONCERNING NOTICES. Except as these rules provide
otherwise, the court may designate the matters about which, the
entity to whom, and the form and manner in which a notice must
be sent.
(n) NOTICE OF AN ORDER FOR RELIEF IN A CONSUMER CASE. In a
voluntary case commenced under the Code by an individual debtor
whose debts are primarily consumer debts, the clerk, or some
other person as the court may direct, shall give the trustee and
all creditors notice by mail of the order for relief not more than
20 days after the entry of such order.
(o) CAPTION. The caption of a notice given under this Rule 2002
must conform to Rule 1005. The caption of a debtor’s notice to a
creditor must also include the information that §342(c) requires.
(p) NOTICETOACREDITORWITHAFOREIGNADDRESS.
(1) When Notice by Mail Does Not Suffice. At the request of the
United States trustee or a party in interest, or on its own, the
court may find that a notice mailed to a creditor with a for-
eign address within the time these rules prescribe would not
give the creditor reasonable notice. The court may then order
that the notice be supplemented with notice by other means
or that the time prescribed for the notice by mail be extended.
(2) Notice of the Time to File a Proof of Claim. Unless the court,
for cause, orders otherwise, a creditor with a foreign address
must be given at least 30 days’ notice of the time to file a
proof of claim under Rule 3002(c) or Rule 3003(c).
(3) Determining a Foreign Address. Unless the court, for cause,
orders otherwise, the mailing address of a creditor with a for-
eign address must be determined under (g).
(q) NOTICE OF A PETITION FOR RECOGNITION OF A FOREIGN PRO-
CEEDING; NOTICE OF AN INTENT TO COMMUNICATE WITH A FOREIGN
COURTORFOREIGNREPRESENTATIVE.
(1) Timing of the Notice; Who Must Receive It. After a petition
for recognition of a foreign proceeding is filed, the court must
promptly hold a hearing on it. The clerk or the court’s des-
ignee must promptly give at least 21 days’ notice by mail of
the hearing to:
• the debtor;
• all persons or bodies authorized to administer the debt-
or’s foreign proceedings;
• all entities against whom provisional relief is being
sought under §1519;
• all parties to litigation pending in the United States in
which the debtor was a party when the petition was filed;
and
• any other entities as the court orders.
If the court consolidates the hearing on the petition with
a hearing on a request for provisional relief, the court may
set a shorter notice period.
(2) Content of the Notice. The notice must:
(A) state whether the petition seeks recognition as a for-
eign main proceeding or a foreign nonmain proceeding; and
(B) include a copy of the petition and any other docu-
ment the court specifies.
(3) Communicating with a Foreign Court or Foreign Representa-
tive. If the court intends to communicate with a foreign court
or foreign representative, the clerk or the court’s designee
must give notice by mail of the court’s intention to all those
listed in (q)(1).
DENTURE TRUSTEES. Except as (h), (i), (l), (p), and (q) provide
otherwise, the clerk or the court’s designee must give the debtor,
the trustee, all creditors, and all indenture trustees at least 21
days’ notice by mail of:
(1) the meeting of creditors under §341 or §1104(b), which no-
tice—unless the court orders otherwise—must include the
debtor’s:
(A) employer-identification number;
(B) social-security number; and
(C) any other federal taxpayer-identification number;
(2) a proposal to use, sell, or lease property of the estate
other than in the ordinary course of business—unless the
court, for cause, shortens the time or orders another method
of giving notice;
(3) a hearing to approve a compromise or settlement other
than an agreement under Rule 4001(d)—unless the court, for
cause, orders that notice not be given;
(4) a hearing on a motion to dismiss a Chapter 7, 11, or 12
case or to convert it to another chapter—unless the hearing is
under §707(a)(3) or §707(b) or is on a motion to dismiss the case
for failure to pay the filing fee;
(5) the time to accept or reject a proposed modification to a
plan;
(6) a hearing on a request for compensation or for reimburse-
ment of expenses, if the request exceeds $1,000;
(7) the time to file a proof of claim under Rule 3003(c);
(8) the time to file an objection to—and the time of the hear-
ing to consider whether to confirm—a Chapter 12 plan; and
(9) the time to object to confirming a Chapter 13 plan.
(b) 28-DAY NOTICES TO THE DEBTOR, TRUSTEE, CREDITORS, AND IN-
DENTURE TRUSTEES. Except as (l) provides otherwise, the clerk or
the court’s designee must give the debtor, trustee, all creditors,
and all indenture trustees at least 28 days’ notice by mail of:
(1) the time to file an objection and the time of the hearing
to:
(A) consider approving a disclosure statement; or
(B) determine under §1125(f) whether a plan includes ade-
quate information to make a separate disclosure state-
ment unnecessary;
(2) the time to file an objection to—and the time of the hear-
ing to consider whether to confirm—a Chapter 9 or 11 plan; and
(3) the time of the hearing to consider whether to confirm a
Chapter 13 plan.
(c) CONTENTOFANOTICE.
(1) Proposed Use, Sale, or Lease of Property. Subject to Rule
6004, a notice of a proposed use, sale, or lease of property under
(a)(2) must include:
(A) a general description of the property;
(B) the time and place of any public sale;
(C) the terms and conditions of any private sale;
(D) the time to file objections; and
(E) for a proposed sale or lease of personally identifiable
information under §363(b)(1), a statement whether the sale
is consistent with any policy that prohibits transferring
the information.
(2) Hearing on an Application for Compensation or Reimburse-
ment. A notice under (a)(6) of a hearing on a request for com-
pensation or for reimbursement of expenses must identify the
applicant and the amounts requested.
(3) Hearing on Confirming a Plan That Proposes an Injunction.
If a plan proposes an injunction against conduct not otherwise
enjoined under the Code, the notice under (b)(2) must:
(A) state in conspicuous language (bold, italic, or under-
lined text) that the plan proposes an injunction;
(B) describe briefly the nature of the injunction; and
(C) identify the entities that would be subject to it.
(d) NOTICE TO EQUITY SECURITY HOLDERS IN A CHAPTER 11 CASE.
Unless the court orders otherwise, in a Chapter 11 case the clerk
or the court’s designee must give notice as the court orders to the
equity security holders of:
(1) the order for relief;
(2) a meeting of equity security holders under §341;
(3) a hearing on a proposed sale of all, or substantially all,
the debtor’s assets;
(4) a hearing on a motion to dismiss a case or convert it to
another chapter;
(5) the time to file an objection to—and the time of the hear-
ing to consider whether to approve—a disclosure statement;
(6) the time to file an objection to—and the time of the hear-
ing to consider whether to confirm—a Chapter 11 plan; and
(7) the time to accept or reject a proposal to modify a plan.
(e) GIVING NOTICE OF NO DIVIDEND IN A CHAPTER 7 CASE. In a
Chapter 7 case, if it appears from the schedules that there are no
assets from which to pay a dividend, the notice of the meeting of
creditors may state:
(1) that fact;
(2) that filing proofs of claim is unnecessary; and
(3) that further notice of the time to file proofs of claim will
be given if enough assets become available to pay a dividend.
(f) OTHERNOTICES.
(1) Various Notices to the Debtor, Creditors, and Indenture
Trustees. Except as (l) provides otherwise, the clerk, or some
other person as the court1 may direct, must give the debtor,
creditors, and indenture trustees notice by mail of:
(A) the order for relief;
(B) a case’s dismissal or conversion to another chapter;
(C) a suspension of proceedings under §305;
(D) the time to file a proof of claim under Rule 3002;
(E) the time to file a complaint to object to the debtor’s
discharge under §727, as Rule 4004 provides;
(F) the time to file a complaint to determine whether a
debt is dischargeable under §523, as Rule 4007 provides;
(G) a waiver, denial, or revocation of a discharge, as Rule
4006 provides;
(H) entry of an order confirming a plan in a Chapter 9,
11, 12 or 13 case;
(I) a summary of the trustee’s final report in a Chapter
7 case if the net proceeds realized exceed $1,500;
(J) a notice under Rule 5008 regarding the presumption of
abuse;
(K) a statement under §704(b)(1) about whether the debt-
or’s case would be presumed to be an abuse under §707(b);
and
1Amendment by Pub. L. 98–91 enacted the word ‘‘Court’’.
(L) the time to request a delay in granting the discharge
under §1141(d)(5)(C), 1228(f), or 1328(h).
(2) Notice of the Time to Accept or Reject a Plan. Notice of the
time to accept or reject a plan under Rule 3017(c) must be
given in accordance with Rule 3017(d).
(g) ADDRESSINGNOTICES.
(1) In General. A notice mailed to a creditor, indenture trust-
ee, or equity security holder must be addressed as the entity
or its authorized agent provided in its last request filed in the
case. The request may be:
(A) a proof of claim filed by a creditor or an indenture
trustee designating a mailing address (unless a notice of
no dividend has been given under (e) and a later notice of
a possible dividend under Rule 3002(c)(5) has not been
given); or
(B) a proof of interest filed by an equity security holder
designating a mailing address.
(2) When No Request Has Been Filed. Except as §342(f) provides
otherwise, if a creditor or indenture trustee has not filed a re-
quest under (1) or Rule 5003(e), the notice must be mailed to
the address shown on the list of creditors or schedule of liabil-
ities, whichever is filed later. If an equity security holder has
not filed a request, the notice must be mailed to the address
shown on the list of equity security holders.
(3) Notices to Representatives of an Infant or Incompetent Per-
son. This paragraph (3) applies if a list or schedule filed under
Rule 1007 includes a name and address of an infant’s or an in-
competent person’s representative, and a person other than
that representative files a request or proof of claim designat-
ing a different name and mailing address. Unless the court or-
ders otherwise, the notice must be mailed to the designated
address of:
(A) the representative; and
(B) the person filing the request or proof of claim.
(4) Using an Address Agreed to Between an Entity and a Notice
Provider. Notwithstanding (g)(1)–(3), when the court orders
that notice be given, the notice provider may do so in the
manner agreed to between the provider and an entity, and at
the address or addresses the entity supplies. An address sup-
plied by the entity is conclusively presumed to be a proper ad-
dress. But a failure to use a supplied address does not invali-
date a notice that is otherwise effective under applicable law.
(5) When a Notice Is Not Brought to a Creditor’s Attention. A
creditor may treat a notice as not having been brought to the
creditor’s attention under §342(g)(1) only if, before the notice
was issued, the creditor has filed a statement:
(A) designating the name and address of the person or or-
ganizational subdivision responsible for receiving notices;
and
(B) describing the creditor’s procedures for delivering no-
tices to the designated person or organizational subdivi-
sion.
(h) NOTICE TO CREDITORS WHO FILED PROOFS OF CLAIM IN A CHAP-
TER7, 12, OR13 CASE.
(1) Voluntary Case. This paragraph (1) applies in a voluntary
Chapter 7 case, or in a Chapter 12 or 13 case. After 70 days fol-
lowing the order for relief under that chapter or the date of
the order converting the case to Chapter 12 or 13, the court
may direct that all notices required by (a) be mailed only to:
• the debtor;
• the trustee;
• indenture trustees;
• creditors with claims for which proofs of claim have
been filed; and
• creditors that are still permitted to file proofs of claim
because they have received an extension of time under
Rule 3002(c)(1) or (2).
(2) Involuntary Case. In an involuntary chapter2 7 case, after
90 days following the order for relief, the court may order that
all notices required by (a) be mailed only to those entities list-
ed in (1).
(3) When Notice of Insufficient Assets Has Been Given. If notice
of insufficient assets to pay a dividend has been given to credi-
tors under (e), after 90 days following the mailing of a notice
of the time to file proofs of claim under Rule 3002(c)(5), the
court may order that notices be mailed only to those entities
listed in (1).
(i) NOTICETOACOMMITTEE.
(1) In General. Any notice required to be mailed under this
Rule 2002 must also be mailed to a committee elected under
§705 or appointed under §1102, or to its authorized agent.
(2) Limiting Notices. The court may order that a notice re-
quired by (a)(2), (3), or (6) be:
(A) sent to the United States trustee; and
(B) mailed only to:
(i) the committees elected under §705 or appointed
under §1102, or to their authorized agents; and
(ii) those creditors and equity security holders who
file—and serve on the trustee or debtor in possession—
a request that all notices be mailed to them.
(3) Copy to a Committee. A notice required under (a)(1), (a)(5),
(b), (f)(1)(B)–(C), or (f)(1)(H)—and any other notice as the court
orders—must be sent to a committee appointed under §1114.
(j) NOTICE TO THE UNITED STATES. A notice required to be mailed
to all creditors under this Rule 2002 must also be mailed:
(1) in a Chapter 11 case in which the Securities and Exchange
Commission has filed either a notice of appearance or a re-
quest to receive notices, to the SEC at any place it designates;
(2) in a commodity-broker case, to the Commodity Futures
Trading Commission at Washington, D.C.;
(3) in a Chapter 11 case, to the Internal Revenue Service at
the address in the register maintained under Rule 5003(e) for
the district where the case is pending;
(4) in a case in which the documents disclose that a debt
(other than for taxes) is owed to the United States, to the
2So in original. Probably should be capitalized.
United States attorney for the district where the case is pend-
ing and to the United States department, agency, or instru-
mentality through which the debtor became indebted; or
(5) in a case in which the filed documents disclose a stock in-
terest of the United States, to the Secretary of the Treasury
at Washington, D.C.
(k) NOTICETOTHEUNITEDSTATESTRUSTEE.
(1) In General. Except in a Chapter 9 case or unless the
United States trustee requests otherwise, the clerk or the
court’s designee must send to the United States trustee notice
of:
(A) all matters described in (a)(2)–(4), (a)(8)–(9), (b),
(f)(1)(A)–(C), (f)(1)(E), (f)(1)(G)–(I), and (q);
(B) all hearings on applications for compensation or for
reimbursement of expenses; and
(C) any other matter if the United States trustee re-
quests it or the court orders it.
(2) Time to Send. The notice must be sent within the time
that (a) or (b) prescribes.
(3) Exception Under the Securities Investor Protection Act. In a
case under the Securities Investor Protection Act, 15 U.S.C.
§78aaa et seq., these rules do not require any document to be
sent to the United States trustee.
(l) NOTICE BY PUBLICATION. The court may order notice by publi-
cation if notice by mail is impracticable or if it is desirable to
supplement the notice.
(m) ORDERS CONCERNING NOTICES. Except as these rules provide
otherwise, the court may designate the matters about which, the
entity to whom, and the form and manner in which a notice must
be sent.
(n) NOTICE OF AN ORDER FOR RELIEF IN A CONSUMER CASE. In a
voluntary case commenced under the Code by an individual debtor
whose debts are primarily consumer debts, the clerk, or some
other person as the court may direct, shall give the trustee and
all creditors notice by mail of the order for relief not more than
20 days after the entry of such order.
(o) CAPTION. The caption of a notice given under this Rule 2002
must conform to Rule 1005. The caption of a debtor’s notice to a
creditor must also include the information that §342(c) requires.
(p) NOTICETOACREDITORWITHAFOREIGNADDRESS.
(1) When Notice by Mail Does Not Suffice. At the request of the
United States trustee or a party in interest, or on its own, the
court may find that a notice mailed to a creditor with a for-
eign address within the time these rules prescribe would not
give the creditor reasonable notice. The court may then order
that the notice be supplemented with notice by other means
or that the time prescribed for the notice by mail be extended.
(2) Notice of the Time to File a Proof of Claim. Unless the court,
for cause, orders otherwise, a creditor with a foreign address
must be given at least 30 days’ notice of the time to file a
proof of claim under Rule 3002(c) or Rule 3003(c).
(3) Determining a Foreign Address. Unless the court, for cause,
orders otherwise, the mailing address of a creditor with a for-
eign address must be determined under (g).
(q) NOTICE OF A PETITION FOR RECOGNITION OF A FOREIGN PRO-
CEEDING; NOTICE OF AN INTENT TO COMMUNICATE WITH A FOREIGN
COURTORFOREIGNREPRESENTATIVE.
(1) Timing of the Notice; Who Must Receive It. After a petition
for recognition of a foreign proceeding is filed, the court must
promptly hold a hearing on it. The clerk or the court’s des-
ignee must promptly give at least 21 days’ notice by mail of
the hearing to:
• the debtor;
• all persons or bodies authorized to administer the debt-
or’s foreign proceedings;
• all entities against whom provisional relief is being
sought under §1519;
• all parties to litigation pending in the United States in
which the debtor was a party when the petition was filed;
and
• any other entities as the court orders.
If the court consolidates the hearing on the petition with
a hearing on a request for provisional relief, the court may
set a shorter notice period.
(2) Content of the Notice. The notice must:
(A) state whether the petition seeks recognition as a for-
eign main proceeding or a foreign nonmain proceeding; and
(B) include a copy of the petition and any other docu-
ment the court specifies.
(3) Communicating with a Foreign Court or Foreign Representa-
tive. If the court intends to communicate with a foreign court
or foreign representative, the clerk or the court’s designee
must give notice by mail of the court’s intention to all those
listed in (q)(1).
Related
§ 78a
15 U.S.C. § 78a
Advisory Committee Notes
(As amended Pub. L. 98–91, §2(a), Aug. 30, 1983, 97 Stat. 607; Pub. L. 98–353, title III, §321, July 10, 1984, 98 Stat. 357; Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 2, 2024, eff. Dec. 1, 2024.)