You are here


(a)   Noticing, Balloting, and Claims in Chapter 11 Cases with More than 300 Creditors

(1)     Requirement

If the number of scheduled creditors in a single, consolidated, or jointly administered Chapter 11 case exceeds 300, the Debtor or trustee shall, unless the Court orders otherwise, propose the retention under 28 U.S.C. §156(c) of an entity to handle noticing (the “Noticing Agent”), an entity to receive and process claims (the “Claims Agent”), and an entity to process plan ballots (the “Balloting Agent”). One entity may serve in all three capacities (the “Agent”).

(2)     Motion

A motion to retain a Noticing, Claims, or Balloting Agent, a motion to be excused from compliance with this rule, or a motion for extension of time shall be filed within 28 days after the filing of schedule or creditor list that results in more than 300 creditors in a single, consolidated, or jointly administered case.

(3)     Contact with Clerk

The proposed Agent shall meet with the Clerk or the Clerk’s designee, prior to employment, to agree on terms establishing the interactions between the proposed Agent and the Clerk. Those terms shall be incorporated in the order authorizing the employment of the Agent (the “Employment Order”) or in a written agreement between the Clerk and the Agent (the “Agreement”) that shall be made part of the record.

(b)   Noticing Agent

A Noticing Agent shall distribute notices as directed by the Court and provide to the Debtor proof of service that shall be filed as established by the Agreement or the Employment Order.

(c)   Claims Agent

If a Claims Agent is to be employed, the Agreement or Employment Order shall:

(1)     establish procedures for handling of claims filed with the Clerk prior to and after the employment of the Claims Agent;

(2)     require the Claims Agent to mail a notice of bar date that reflects the scheduled amount of the creditor’s claim, instructs claimants to send claims to the Claims Agent and not the Court, and which notice complies substantially with Official Forms 410, 410A, 410S1, and 410S2 – unless alterations are approved by the Court, after notice to a committee and the UST;

(3)     provide that, upon receipt of a claim, the Claims Agent shall promptly date-stamp it, assign a claim number, scan the original, file the claim electronically with the Court (with all claims received by the Claims Agent to be filed no less frequently than every 180 days starting from the date of the entry of the Employment Order), retain originals in a fire-proof safe or vault, and return a date-stamped copy to the claimant (if a self-addressed, postage paid envelope was provided);

(4)     provide that the Claims Agent shall process all claims filed using the Court’s electronic proof of claim option (“ePOC/eWOC”);

(5)     require the Claims Agent to maintain the Claims Register, and that the Claims Agent shall list the claim on the register within three days of receipt, in alphabetical order, according to the name of the claimant (last name for individuals) and include the claimant’s address, claim number assigned, date received, dollar amount claimed, and classification of claim;

(6)     allow the periodic audit of claims information by the Clerk, a representative of the creditors’ committee, or some other entity;

(7)     provide the mechanism and timing for delivery of a final Claims Register to the Clerk;

(8)     require the Claims Agent to maintain, in addition to the Claims Register, a separate mailing list including the claimants’ addresses, edited to reflect a notice of change of address;

(9)     establish responsibility and method for processing transfers of claims, including requiring the Claims Agent to review the Court’s docket periodically, identify notices transferring claims, and issue the notices required by Fed.R.Bankr.P. 3001(e);

(10)     provide for the retention or destruction of documents received by the Claims Agent; and

(11)   provide for treatment and disposition of Proofs of Claim if the case is converted to Chapter 7.

(d)   Balloting Agent

The Balloting Agent shall receive, record, and tabulate ballots. The Agreement or Employment Order shall provide for filing of a declaration showing the results of balloting and provide for the retention or destruction of original ballots.