Western District of Washington Service and Proof of Service Rules

Applies to

Amendment of schedules

Service

Mail to opposing party

In chapter 7/12/13 cases, when amending schedules to add creditors after 341 notice mailed but before 341 meeting, debtor must serve notice and 341 copy on added creditors and file proof of service.

If the debtor in a chapter 7, 12, or 13 case amends the schedules of creditors after the 11 U.S.C. § 341 meeting notice has been mailed, but before the 11 U.S.C. § 341 meeting occurs, the debtor shall serve on any creditors added by the amendment a notice of the amendment, together with a copy of the 11 U.S.C. § 341 meeting notice. The debtor shall file proof that service has been effected on the added creditors.

Applies to

Notice of plan acceptance rejection

Service

Other to creditors

Proponent of chapter 11 plan must give notice of the deadline for accepting or rejecting the plan.

The proponent of the plan in a chapter 11 case shall give notice of the time fixed for accepting or rejecting a plan.

Applies to

Notice of 341 meeting

Service

Other to all parties

Clerk must serve notice of §341 meeting in each new and converted case.

The clerk of court shall prepare and serve notice of the 11 U.S.C. § 341 meeting of creditors in each new and converted case, pursuant to Fed. R. Bankr. P. 2002(a)(1).

Applies to

Notice of claims deadline

Service

Other to creditors

Debtor or trustee in chapter 11 case must give notice of claims deadline.

The debtor or trustee, if applicable, in a chapter 11 case shall give notice of the deadline for filing claims.

Applies to

Notice of trustee final report

Service

Other to creditors

Chapter 7 trustee must provide notice of final report and fee application using specific form in cases exceeding threshold.

In chapter 7 cases in which the net proceeds realized exceeds the amount in Fed. R. Bankr. P. 2002(f)(8), the chapter 7 trustee shall provide notice of the trustee's final report, fee application and objection deadline using the form 'Notice of Trustee's Final Report and Applications for Compensation.' (UST Form 101-7 (NFR)).

Applies to

Notice of foreign proceeding hearing

Service

Other to interested parties

Clerk must provide notice of hearing on petition for recognition of foreign proceeding and intention to communicate.

The clerk of court shall provide notice pursuant to Fed. R. Bankr. P. 2002(q) of the court's hearing on a petition for recognition of a foreign proceeding, and of the court's intention to communicate with a foreign court or foreign representative as prescribed by Fed. R. Bankr. P. 5012.

Deadline

14 calendar days

Applies to

Official form b119

Service

Email to court

If a petition preparer's compensation exceeds $400, they must serve Official Form B119 and the disclosure on the U.S. Trustee via email within 14 days after filing.

If the amount of compensation disclosed pursuant to 11 U.S.C. §110(h)(2) exceeds $400, the bankruptcy petition preparer shall serve a copy of the filed Official Form B119 on the United States ... The bankruptcy petition preparer shall serve the Official Form B119 and the disclosure of compensation on the United States Trustee via email to ustpregion18.se.ecf@usdoj.gov within fourteen days after filing.

Deadline

14 calendar days

Applies to

Chapter 13 plan

Service

Mail to all parties

Debtor must serve plan on creditors at least 14 days before the meeting of creditors if plan is filed after petition.

If the plan is filed after the petition, the debtor shall serve copies of the plan on all creditors not less than 14 days prior to the originally scheduled meeting of creditors. Nothing in this subsection excuses compliance with Fed. R. Bankr. P. 3015(b).

Service

Other

Debtor must serve the plan on the claim holder following FRBP 7004 service rules.

serve the plan on the holder of the claim in the manner provided for service of a summons and complaint by Federal Rule of Bankruptcy Procedure 7004;

Applies to

Motion

Service

Mail to other

Motions for cash collateral or financing orders must be served on the U.S. Attorney's Office and the Washington Attorney General.

Notice of all motions seeking approval of use of cash collateral or financing orders must be served on the United States Attorney’s Office, Attn: Bankruptcy Assistant, 700 Stewart Street, Room 5220, Seattle, Washington 98101, and the Attorney General for the State of Washington, Bankruptcy and Collections Unit at 800 Fifth Avenue, 20th floor, Seattle, Washington 98104. The notice required by this rule is in addition to any other applicable notice and service requirements.

Deadline

21 calendar days

Applies to

Motion for hardship discharge

Service

Mail to all parties

Motions for hardship discharge must be served on the trustee, U.S. trustee, and all creditors at least 21 days before the hearing.

Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing.

Deadline

14 calendar days

Service

Other

Plaintiff must file certificate of service within 14 days after serving summons and complaint.

The plaintiff shall file a certificate of service within 14 days after service of a summons and complaint has been effected.

Service

Other

Service of the motion to seal and sealed document must comply with Federal and Local Rules and include a certificate of service.

Service of the motion to seal and the sealed document, where appropriate, must be made in accordance with the Federal Rules of Civil Procedures, Federal Rules of Bankruptcy Procedure and these Local Bankruptcy Rules., and be accompanied by a certificate of service

Applies to

Discovery request

Service

Other to other

Parties must notify third parties of discovery procedures, and third parties must comply.

Parties must provide notice of these discovery procedures to third parties who receive discovery requests from the Parties, and such third parties shall comply with these procedures.

Applies to

Report and recommendation

Service

Other

A copy of the magistrate judge's report and recommendation must be served on all parties.

A copy of such report and recommendation shall be served on all parties.

Applies to

Jury instructions

Service

Electronic service to all parties

Proposed jury instructions must be served on all parties.

All proposed instructions must be served on all parties, filed in the docket, and attached as a Word or WordPerfect compatible file to an e-mail sent to the e-mail orders address of the assigned judge pursuant to the court's electronic filing procedures.

Applies to

Motion

Service

Other to all parties

Movant must serve the motion on all parties that have appeared.

A party moving to modify an imposed term of imprisonment under 18 U.S.C. § 3582(c) shall serve the motion on each party that has appeared in the action.

Deadline

15 calendar days

Applies to

Disclosure of Asserted Claims and Infringement Contentions

Service

Other to all parties

Patent infringement claimant must serve initial infringement contentions within 15 days of the Scheduling Conference or entry of the case schedule.

Within 15 days of the Scheduling Conference or, if there is no Scheduling Conference, entry of the case schedule, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."

Deadline

30 calendar days

Service

Other

Non-Infringement and Invalidity Contentions must be served within 30 days after service of Infringement Contentions.

Not later than 30 days after service upon it of the “Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a claim of patent infringement, shall serve on all parties its “Non-Infringement and Invalidity Contentions”

Deadline

14 calendar days

Service

Other

In declaratory judgment cases, Preliminary Invalidity Contentions must be served within 14 days after answer or scheduling conference, whichever is later.

no later than 14 days after the defendant serves its answer, or 14 days after the Scheduling Conference, whichever is later, the party seeking a declaratory judgment must serve upon each opposing party its Preliminary Invalidity Contentions that conform to Local Patent Rule 121 and produce or make available for inspection and copying the documents described in Local Patent Rule 122.

Applies to

Amendment to exemptions

Service

Other to trustee and affected entities

Debtor must serve amendment to exemptions on trustee and affected entities, and file proof of service on non-ECF participants.

If the debtor amends the claim of exemptions listed on Schedule C, the debtor shall serve a copy of the amendment on the trustee and on any entity affected thereby. The debtor shall file proof that service has been effected on all non-ECF participants.

Deadline

7 calendar days

Applies to

Notice

Service

Other

Debtor or trustee must file certificate of service of notice within 7 days.

The debtor or trustee shall file a certificate of service of the notice with the Clerk within 7 days

Applies to

Motion to vacate

Service

Other to trustee and all additional parties in interest

Motion to vacate dismissal order must be served on trustee and all parties in interest.

Unless the court orders otherwise, a motion to vacate an order of dismissal entered pursuant to this rule shall be noted for hearing pursuant to Local Bankruptcy Rule 9013-1 and shall be served on any trustee appointed in the case and all additional parties in interest.

Applies to

Large chapter 11 case

Service

Other to all parties

In large chapter 11 cases, court may require retention of a claims and noticing agent.

In a large chapter 11 case involving numerous parties in interest, the court may require the party initiating the case, or subsequently appointed trustee or examiner, to retain a claims and noticing agent under 28 U.S.C. § 156(c).

Service

Mail

Proof of service must include the master mailing list used for noticing.

Parties shall attach a copy of the master mailing list used for noticing to the proof of service filed with the court.

Service

Mail to all parties

Party must give written notice to all creditors and parties in interest of rescheduled meeting and file copy with certificate of service.

If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court.

Deadline

14 calendar days

Service

Mail to agency

Debtor must serve most recent tax return on UST and committee within 14 days of order for relief.

The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (1) the debtor's federal income tax returns. The debtor in possession shall provide the most recently filed return within 14 days after the entry of the order for relief, and its returns for each subsequent year whenever such returns are submitted to the Internal Revenue Service;

Deadline

7 calendar days

Service

Mail to agency

Debtor must serve proof of insurance on UST and committee within 7 days of order for relief.

The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (2) proof of insurance covering estate assets and liability, if applicable. The debtor in possession shall provide initial proof of insurance within 7 days after entry of the order for relief and proof of insurance renewals thereafter as obtained;

Applies to

Fee application

Service

Other to all parties

Fee applications must be served on the debtor and chapter 13 trustee; notice of hearing must be served on debtor, trustee, and all creditors with allowed claims.

All applications for compensation for services and for reimbursement of necessary costs and expenses shall be served on the debtor and the chapter 13 trustee. A notice of hearing on the application shall be served on the debtor, the chapter 13 trustee, and all creditors holding allowed claims.

Applies to

Motion to withdraw

Service

Other to all parties

Withdrawal motions must be served on the client in bankruptcy cases, and on the client and all parties in adversary proceedings.

A motion filed pursuant to subsection (b)(2) in a bankruptcy case shall be served on the client. A motion filed pursuant to subsection (b)(2) in an adversary proceeding shall be served on the client and all parties.

Applies to

Motion for default

Service

Other

A motion for entry of default need not be served on a defaulting party who has not appeared; if the defaulting party has appeared, the motion must be noted per Local Bankruptcy Rule 9013-1.

A motion for entry of default need not be served on the defaulting party. However, in the case of a defaulting party who has entered an appearance, the moving party must note the motion for an order of default in compliance with Local Bankruptcy Rule 9013-1.

Service

Mail

Proof of conventional service (non-ECF) must be filed by the response date.

Proof of any conventional (non-ECF) service of the notice and the motion shall be filed by the response date.

Applies to

Notice of related case

Service

Other to all parties

When filing a notice of related case, a copy must be served on all counsel of record.

The notice of related case should be filed in the case bearing the earliest filing number and a copy thereof shall be served upon all counsel of record in all such cases.

Applies to

Motion

Service

Other to other

Government must serve §5K1.1 motion on all counsel and provide motion and written statement to probation officer.

If the government intends to file a § 5K1.1 motion for substantial assistance, the motion must be served on all counsel and filed under seal at least fourteen days prior to sentencing. In such event, the government must also serve and file under seal a written statement of the nature and extent of the defendant's cooperation. Any motion under § 5K1.1 and the supporting written statement must also be provided to the probation officer who has prepared the presentence report.

Deadline

21 calendar days

Service

Other to other

Defendant's signed acceptance statement must be provided to Probation and U.S. Attorney at least 21 days before sentencing.

The original should be provided to the U.S. Probation Office with a copy to the United States Attorney at least 21 days prior to sentencing.

Deadline

7 calendar days

Applies to

Brief

Service

Other to opposing party

Sentencing memorandum must be served on opposing party and Probation Office and filed at least 7 days before sentencing.

Counsel for the United States or for a defendant shall serve copies of any sentencing memorandum or related documents upon the opposing party and upon the U.S. Probation Office and file such materials at least seven days prior to sentencing.

Applies to

Cooperation materials

Service

Other to opposing party

Cooperation materials filed under seal must be served on the opposing party via traditional means (not electronically).

These materials must be served on the opposing party via traditional means.

Applies to

Clerk notices

Service

Electronic service to all parties

Clerk may give notice via ECF, Bankruptcy Noticing Center, or similar service.

The clerk of court may give notice through the electronic filing system ('ECF'), the Bankruptcy Noticing Center, or similar service.

Service

Mail

Notice by mail is adequate if the master mailing list is current within 7 days of mailing.

Notice is presumed to be adequate if mailed to all entries on the master mailing list, provided that the list is current to within 7 days of mailing.

Service

Mail

In Chapter 7 cases, after the claims deadline, notices may be limited to creditors with filed claims or extensions.

In a chapter 7 case, after expiration of the deadline for filing claims and entry of an order allowing or disallowing claims, all notices required to be given to creditors pursuant to Fed. R. Bankr. P. 2002(a)(2), (3), and (6), and 2002(f)(8), may be limited to creditors whose claims have been filed and creditors who are still permitted to file claims by reason of an extension granted by the court.

Service

Email to agency

Service on UST for ex parte applications may be made by fax or email to specified address.

For purposes of this rule, the United States Trustee’s Office will accept service by facsimile or electronically at USTPRegion18.SE.ECF@usdoj.gov.

Applies to

Chapter 13 plan

Service

Mail to all parties

When plan is filed with petition, clerk mails a copy to all creditors.

If the plan is filed at the same time as the petition, the clerk of court shall mail a copy of the plan to all creditors.

Applies to

Text only docket order

Service

Other to other

When serving a Text Only Docket Order on non-ECF participants, send a copy of the Notice of Electronic Filing, but only the pages with filing information, docket entry, and document descriptions need to be served.

If a party is required to serve notice of a Text Only Docket Order to parties who are not ECF participants, the party shall send a copy of the Notice of Electronic Filing to such recipients. Only those pages of the Notice of Electronic Filing that contain the filing information, the docket entry and the document descriptions need to be served.