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RULE 2002-1. NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

Chapter: 
PART II. OFFICERS/ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS/ACCOUNTANTS

A.      Service.

1.      Whenever a pleading or other paper is filed electronically in accordance with these procedures, the Case Management/Electronic Case Files (“CM/ECF”) System shall generate a “Notice of Electronic Filing” to the filing party and any other party who is a registered user and has requested electronic notice in that case. 

a.     If the recipient is a registered participant in the CM/ECF System, the Clerk’s email of the “Notice of Electronic Filing” shall be the equivalent of service of the pleading or other paper by first class mail, postage prepaid.

b.     Service of the “Notice of Electronic Filing” on a party who is not a registered participant in the CM/ECF System may be accomplished by email, subject to the additional service requirements below.

2.       A certificate of service on all parties entitled to service or notice is still required when a party files a document electronically.  The certificate must state the manner in which service or notice was accomplished on each party so entitled.  Sample language for a “Certificate of Service” is attached to these procedures as  Appendix "I".

3.      A party who is not a registered participant of the CM/ECF System is entitled to a paper copy of any electronically filed pleading or paper.  The filing party must, therefore, provide the non-registered party with the pleading or paper according to the Federal Rules of Bankruptcy Procedure.  When mailing paper copies of documents that have been electronically filed, the filing party may include the “Notice of Electronic Filing” to provide the recipient with proof of the filing.

4.      If a registered attorney in CM/ECF determines that their involvement in the case has terminated, they may remove their name from the case in order to stop receiving notices of electronic filings.  The attorney may certify that they have no controversy before the Court and that their client consents to the withdrawal by filing the event “Withdraw as Attorney” in each case.  This feature is not available to attorneys for debtor, joint debtor, plaintiff, or defendant.

5.    Notices required to be provided by the Clerk are sent to registered CM/ECF users electronically through the CM/ECF System, and the electronic transmission of notices by the Clerk will be deemed complete upon transmission.

B.      Notice to the United States.  All notices required to be served on the United States pursuant to the Federal Rules of Civil Procedure, Federal Rules of Bankruptcy Procedure, Nebraska Rules of Bankruptcy Procedure, or United States District Court Local Rules shall, in addition to any other requirements therein stated, clearly designate, when known, the department, agency, or instrumentality of the United States through which the debtor became indebted and shall be served at the address listed on  Appendix "B" to these Local Rules.  In all such cases, notice shall also be served on the United States Attorney’s office located in the same city in which the petition for relief has been filed.

C.      Notice to the United States Attorney General.  If service upon the United States Attorney General is required under applicable statute or rule, the place of service shall be at the address or addresses listed on  Appendix "B" to these Local Rules.

D.      Notice or Reports to the Internal Revenue Service.  A debtor-in-possession or a trustee operating a business shall timely submit to the Area Director of the Internal Revenue Service, at the address listed on  Appendix "B" to these Local Rules, a copy of each report submitted to the United States Trustee.  See Neb. R. Bankr. P. 4002-1(A) for federal tax returns.

E.      Notice and Reports to Nebraska Department of Revenue.

1.      In all Chapter 11 cases, whether or not the Nebraska Department of Revenue is known to be a creditor, the Nebraska Department of Revenue shall receive all notices pursuant to Fed. R. Bankr. P. 2002(a), (b), and (f) at the address listed on Appendix "B" to these Local Rules.

2.      A debtor-in-possession or a trustee operating a business shall timely submit to the Nebraska Department of Revenue, at the address listed on Appendix "B" to these Local Rules, a copy of each report submitted to the United States Trustee.  See Neb. R. Bankr. P. 4002-1(A) for state tax returns.