B-2002-1. NOTICES TO CREDITORS, EQUITY SECURITY HOLDERS, AND UNITED STATES TRUSTEE

(a)   Obtaining Service of Pleadings and/or Notices

Interested parties or their counsel who wish to receive copies of pleadings and documents (other than proofs of claim) shall file with the Clerk and serve the Debtor with an appearance in accordance with S.D. Ind. B-9010-1. A ‘Request for Notice’ or similar pleading will be considered a request pursuant to Fed.R.Bankr.P. 2002(g) and will not entitle the filer to service of pleadings or of notices other than those to which the filer is already entitled, nor will the address on the request be deemed the appropriate address for service of process unless the pleading so states.

(b)   Notices Prepared and Distributed by Parties

A notice prepared and distributed by a party shall:

(1)     be signed by the party, not the Clerk or the Judge, unless its form has been approved by a courtroom deputy;

(2)     instruct recipients to file pleadings with the Bankruptcy Clerk and provide the correct address of the division of the Bankruptcy Clerk’s Office where pleadings should be delivered; and

(3)     be docketed separately unless included in another pleading.

(c)   Limited Notice in Chapter 7 Cases

In Chapter 7 cases, ninety (90) days after the first date set for the meeting of creditors or, if a report of possible assets has been filed, ninety (90) days after the issuance of the Notice of Possible Assets, all notices required by Fed.R.Bankr.P. 2002(a), except the notice of the final report and of dismissal or denial of discharge, shall be mailed only to the Debtor, the trustee, the UST, creditors who have filed claims, and any creditors who are still permitted to file claims by reason of an extension granted under Fed.R.Bankr.P. 3002(c)(1) or (2).

(d)   Limited Notice in Chapter 13 Cases

In Chapter 13 cases, after the entry of a confirmation order all notices required by Fed.R.Bankr.P. 2002(a) shall be mailed only to the Debtor, the trustee, the UST, creditors who have filed claims, and creditors, if any, who are still permitted to file claims by reason of an extension granted under Fed.R.Bankr.P. 3002(c)(1) or (2).

(e)   Authorization for Chapter 13 Trustee to Recover Noticing Costs from Estate

If the Chapter 13 Trustee uses the services of an independent contractor for noticing, the trustee may recover the actual costs of noticing charged by that contractor from each estate. If noticing is performed by the trustee, the trustee may recover from each estate the actual costs of postage plus eighteen cents ($.18) for each notice or as otherwise ordered by the Court. These noticing fees can be recovered from the first and any subsequent monies received from the Debtor, whether before or after confirmation. The Chapter 13 Trustee shall list expenses charged for noticing in each case and separately identify the notices sent in the final report.

(f)   Notice of Final Report with Notice of Applications for Compensation

In Chapter 7 cases in which the amount of net proceeds realized exceeds the amount set forth in Fed.R.Bankr.P. 2002(f)(8), or the amount of any application for compensation exceeds the amount set forth in Fed.R.Bankr.P. 2002(a)(6), the Chapter 7 trustee shall provide notice of the trustee’s final report and of the applications for compensation and reimbursement of expenses. That notice shall include a deadline of twenty-one (21) days from the date of the notice to file an objection to the final report or to any application for compensation and reimbursement of expenses.  

(g)   Returned and Undeliverable Mail

(1)     Designation of Debtor as Return Addressee

The Clerk may instruct the Bankruptcy Noticing Center (“BNC”) to designate the Debtor as the return addressee for orders and notices, including the notice of the commencement of the case and meeting of creditors and any order confirming a plan, dismissing a case, or discharging a Debtor.

(2)     Duty to Provide Accurate Address

The Debtor shall file a notice of change of address for any creditor or party in interest whose address appears undeliverable based either on the Debtor’s receipt of returned mail or information received from the BNC. In addition, the Debtor shall distribute the documents required by S.D.Ind. B-1009-1(b)(2) to any creditor with a revised address. If the Debtor is unable to determine a correct address for a creditor or party in interest, the Debtor shall file a notice of unavailable address specifying the creditor’s name and reporting that a correct address cannot be located.

(3)     Returned Mail Received by the Clerk, Undeliverable Addresses Identified by Clerk’s Noticing Agent, and Duty to Correct

Unless otherwise ordered, the Clerk shall docket any returned notices of the meeting of creditors received by the Court in an open case. The Debtor shall file a notice of change of address for any such creditor, if the correct address can be identified, shall distribute the documents required by S.D.Ind. B-1009-1(b) to any creditor with a revised address, and shall file a certificate of service that complies with S.D.Ind. B-9013-2. All other returned mail received by the Clerk shall be discarded.