[CLBS] New decision on notices

[Jeremy Gugino]

Folks:

 

A new decision out by Judge Myers regarding the requisite content of
notices.  It's a short one (5 pages) so take a look.  The decision deals
with the situation where a party gives notice of a motion/objection, etc.
but does not mail out the motion/objection.  For instance, if a trustee
files a compromise motion, he/she is required to give notice to all
creditors.  Obviously, this can lead to a ton of copy and mailing costs, so
instead, the trustee may choose to simply send out the notice of hearing
with a short summary of what is being heard.  The judges have accepted this
procedure in this district, however, the summary has to be substantive
enough to put interested parties on notice as to what is being heard.
Failure to do this, per the decision, can result in the court denying the
motion and ordering it to be re-served.  I imagine this decision may be most
pertinent to trustees, but I know there are others who may benefit from
this.  The link is below.

 

http://www.id.uscourts.gov/decisions-bk/Robnett_Dec.pdf

 

Jeremy