| AMENDMENTS
TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
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Rule 2002. Notices to Creditors, Equity
Security Holders, Administrators
in Foreign Proceedings, Persons Against Whom Provisional Relief
is Sought in Ancillary and Other Cross-Border Cases, United
States, and United States Trustee
(a) TWENTY-DAY NOTICES TO PARTIES
IN INTEREST. Except as provided in subdivisions (h),
(i), (l), (p), and (q) of this rule, the clerk, or some other
person as the court may direct, shall give the debtor, the
trustee, all creditors and indenture trustees at least 20
days’ notice by mail of:
(b) TWENTY-FIVE-DAY NOTICES TO PARTIES IN INTEREST.
Except as provided in subdivision (l) of this rule, the clerk,
or some other person as the court may direct, shall give the
debtor, the trustee, all creditors and indenture trustees
not less than 25 days notice by mail of (1) the time fixed
for filing objections and the hearing to consider approval
of a disclosure statement or, under § 1125(f), to make
a final determination whether the plan provides adequate information
so that a separate disclosure statement is not necessary;
and (2) the time fixed for filing objections and the hearing
to consider confirmation of a chapter 9, chapter 11, or chapter
13 plan.
(c) CONTENT OF NOTICE.
(1) Proposed Use, Sale, or Lease of Property. Subject to Rule
6004 the notice of a proposed use, sale, or lease of property
required by subdivision (a)(2) of this rule shall include
the time and place of any public sale, the terms and conditions
of any private sale and the time fixed for filing objections.
The notice of a proposed use, sale, or lease of property,
including real estate, is sufficient if it generally describes
the property. The notice of a proposed sale or lease of personally
identifiable information under § 363(b)(1)(A) or (B)
of the Code shall state whether the sale is consistent with
a policy prohibiting the transfer of the information.
(f) OTHER NOTICES. Except as provided in
subdivision (l) of this rule, the clerk, or some other person
as the court may direct, shall give the debtor, all creditors,
and indenture trustees notice by mail of: (1) the order for
relief; (2) the dismissal or the conversion of the case to
another chapter, or the suspension of proceedings under §
305; (3) the time allowed for filing claims pursuant to Rule
3002; (4) the time fixed for filing a complaint objecting
to the debtor’s discharge pursuant to § 727 of
the Code as provided in Rule 4004; (5) the time fixed for
filing a complaint to determine the dischargeability of a
debt pursuant to § 523 of the Code as provided in Rule
4007; (6) the waiver, denial, or revocation of a discharge
as provided in Rule 4006; (7) entry of an order confirming
a chapter 9, 11, or 12 plan; (8) a summary of the trustee’s
final report in a chapter 7 case if the net proceeds realized
exceed $1,500; (9) a notice under Rule 5008 regarding the
presumption of abuse; and (10) a statement under § 704(b)(1)
as to whether the debtor’s case would be presumed to
be an abuse under § 707(b). Notice of the time fixed
for accepting or rejecting a plan pursuant to Rule 3017(c)
shall be given in accordance with Rule 3017(d).
(p) NOTICE TO A FOREIGN CREDITOR.
(1) If, at the request of a party in interest or the United
States trustee, or on its own initiative, the court finds
that a notice mailed within the time prescribed by these rules
would not be sufficient to give a creditor with a foreign
address to which notices under these rules are mailed reasonable
notice under the circumstances, the court may order that the
notice be supplemented with notice by other means or that
the time prescribed for the notice by mail be enlarged.
(2) Unless the court for cause orders otherwise, a creditor
with a foreign address to which notices under this rule are
mailed shall be given at least 30 days’ notice of the
time fixed for filing a proof of claim under Rule 3002(c)
or Rule 3003(c).
(q) NOTICE OF PETITION FOR RECOGNITION OF
FOREIGN PROCEEDING AND OF COURT’S INTENTION TO COMMUNICATE
WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES.
(1) Notice of Petition for Recognition. The
clerk, or some other person as the court may direct, shall
forthwith give the debtor, all administrators in foreign proceedings
of the debtor, all entities against whom provisional relief
is being sought under § 1519 of the Code, all parties
to any litigation in which the debtor is a party and that
is pending in the United States at the time of the filing
of the petition, and such other entities as the court may
direct, at least 20 days’ notice by mail of the hearing
on the petition for recognition of a foreign proceeding. The
notice shall state whether the petition seeks recognition
as a foreign main proceeding or foreign nonmain proceeding.
(2) Notice of Court’s Intention to Communicate
with Foreign Courts and Foreign Representatives.
The clerk, or some other person as the court may direct, shall
give the debtor, all administrators in foreign proceedings
of the debtor, all entities against whom provisional relief
is being sought under § 1519 of the Code, all parties
to any litigation in which the debtor is a party and that
is pending in the United States at the time of the filing
of the petition, and such other entities as the court may
direct, notice by mail of the court’s intention to communicate
with a foreign court or foreign representative as prescribed
by Rule 5012.
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