(a) Additional Time after Service.
The time limits established in these Bankruptcy Local Rules have been calculated to include the "additional time after service" provided by Bankruptcy Rule 9006(f).
(b) Certificate of Service.
A certificate of service shall identify the capacity in which the person or entity was served. Capacity to be identified includes: Debtor(s); Attorney for Debtor(s); Trustee; Attorney for Trustee; Twenty Largest Unsecured Creditors; and Special Notice List. If notice to the 20 largest unsecured creditors is required, and there are less than 20 unsecured creditors of the estate, the certificate of service shall also indicate that all unsecured creditors were served. This subparagraph (b) shall not apply to motions and applications served on all creditors, or to motions served in adversary proceedings.
(c) Service by Electronic Filing.
Notwithstanding subparagraph (a) of this rule, transmission of the Notification of Electronic Filing by the Clerk to a Registered Participant shall constitute effective service on that Registered Participant of all papers governed by FRCivP 5(b), as that rule is incorporated by Bankruptcy Rule 7005 and Bankruptcy Rule 9014(b), and of notices of judgment or order governed by Bankruptcy Rule 9022.
Commentary
Service of papers that initiate an adversary proceeding under Bankruptcy Rules 7001-7087, i.e., the summons and complaint under Bankruptcy Rule 7004, or that commence a contested matter under Bankruptcy Rule 9014, e.g., a motion for stay relief or objection to claim, are not governed by FRCivP 5, and must still be made by paper. Likewise, general notices to creditors pursuant to Bankruptcy Rule 2002 must still be served by conventional means and are not governed by this rule. Of course, a party may always stipulate to the effectiveness of service by means other than conventional "paper service", including accepting the Notification of Electronic Filing as effective service.
In contrast to initiating papers, service of papers governed by FRCivP 5 or Bankruptcy Rule 9022, including answers to complaints, motions in adversary proceedings, responses to motions, and notices of entry of judgment or order, are governed by subparagraph (c) of this rule. Each ECF Registered Participant who has appeared in the case or adversary proceeding receives an email from the Court containing a link to the paper. The rule of subparagraph (c) makes service by electronic mail "Notification of Electronic Filing" effective service of these matters. As to matters governed by subparagraph (c), filing parties need only serve persons who are not ECF Registered Participants. A list of such "manual notice" parties may be determined by reviewing the Notification of Electronic Filing (which reprints the list) or from the Utilities menu of ECF under "Mailing Information."
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