9013-3

RULE 9013-3       SERVICE OF MOTIONS AND FILING OF CERTIFICATES OF SERVICE [Modified 4/1/14]

 

(a) Service of Motions. In all instances not otherwise covered by the Federal Rules of Bankruptcy Procedure or these local rules, all motions filed with the Court shall be served on the following parties:

 

(1) the local office of the U.S. Trustee, with the exception of motions for relief from stay in Chapter 7 cases and all motions filed in Chapter 13 cases;

 

(2) any case trustee;

 

(3) any other party affected by the motion or having entered an appearance in the case or requested notice in the case (utilizing to the extent applicable, the addresses listed on the most recent Mailing Matrix by Case Report, see part (d)(2) below);

 

(4) the Debtor's attorney or debtor, if pro se; and

 

(5) the chapter 13 trustee may serve any pleading on a chapter 13 debtor directly in addition to service on counsel of record.

 

(b) Service of Special Matters. With respect to the following types of filings, in addition to the service requirements listed in (a) above, service shall also be made as follows:

 

(1) Motion to Modify Secured Claim contained in a Chapter 13 Plan, Amended Plan, or by separate Motion:

 

(A) the Plan and/or Motion shall be served, by first class and certified mail on the lien holder;

 

(B) If the lien holder is an insured depository institution, in the manner prescribed by Fed.R.Bankr.P. 7004(h), including being addressed to a named officer of the institution by title, unless one of the other provisions of Fed.R.Bankr.P. 7004(h) applies, and in addition:

 

(i) on the mailing address on the proof of claim form, attention to the person executing the claim, if such claim form has been filed at the time service is made, or if not applicable

 

(ii) on any registered agent authorized to receive service of process for the institution.

 

(C) If the lien holder is other than an insured depository institution:

 

(i) on the mailing address on the proof of claim form, attention to the person executing the claim, if such proof of claim form has been filed at the time service is to be made, or if not applicable,

 

(ii) at the payment address to which the debtor makes monthly payments on account of the claim.

 

(2) Motion To Avoid Lien Contained In A Chapter 13 Plan, Amended Plan, or by separate Motion:

 

(A) the Plan and/or Motion shall be served on the lienholder and the lienholder’s counsel, if known;

 

(B) with respect to judicial liens against the property, if bankruptcy counsel for any such judicial lienholders is not known, then service shall also be made by first class mail upon counsel that represented any such judicial lienholders in the non-bankruptcy action in which the lien was obtained. If there was no counsel in such non-bankruptcy action, then the Certificate of Service must expressly indicate that review of the non-bankruptcy action was undertaken and no counsel was listed for the judicial lienholder.

 

(C) If the lien holder is an insured depository institution, in the manner prescribed by Fed.R.Bankr.P. 7004(h), including being addressed to a named officer of the institution by title, unless one of the other provisions of Fed.R.Bankr.P. 7004(h) applies, and in addition:

 

(i) on the mailing address on the proof of claim form, attention to the person executing the claim, if such claim form has been filed at the time service is made, or if not applicable

 

(ii) on any registered agent authorized to receive service of process for the institution.

 

(c) Service of Notice of Hearing. Upon receipt of a hearing notice from the Court with instructions to serve other parties, counsel (or a pro se party) shall forthwith, and within any applicable notice deadlines contained in the Federal Rules of Bankruptcy Procedures, these local rules or established by the Court, serve said notice in the manner provided for in this rule.

 

(d) Contents of Certificate of Service.

 

(1)  the Certificate of Service shall reflect how and when service was made and shall include the names and addresses of all persons served and the name and address of the person certifying such service.

 

(2)  when any pleading, motion, other document or notice is required to be served on creditors and/or parties in interest, the party effectuating such service shall:

 

(A)  serve such parties and/or creditors at the addresses listed on the most recent "Mailing Matrix by Case" report available on the Court's ECF system [located under Utilities>Mailings] (the "ECF List") as of the date service will be made; and

 

(B)  attach to the certificate of service filed with the Court a copy of the ECF List used to effectuate service.  If the ECF List contains multiple addresses for a single creditor or party in interest, service shall be made on all such addresses listed unless counsel is aware that a particular address is ineffective or that a preferred address exists.  Instructions for creating the ECF List, including managing invalid and preferred addresses, is contained in Appendix VII to these rules.

 

(e) Filing of Certificate of Service.

 

(1) Conventional Filings. When a certificate of service is required, it shall be filed with the Clerk contemporaneous with the motion or other paper, if the document is filed conventionally. Failure to timely file the certificate of service with the Clerk will result in the motion or other paper being treated as a defective filing, and a notice to correct the deficiency will be given.

 

(2) Electronic Filings. Where a certificate of service is required, and the document is filed electronically, the certificate of service must be filed by the next business day after the filing of the motion or other paper. Failure to timely file the certificate of service with the Clerk will result in the automatic denial of the motion/application or striking/termination of the objection/response, as applicable.

 

 

CROSS REFERENCE See R.I. LBR 5005-4 (Electronic Filing)