2-15: Notices: LIMITED Request for Special Notice
DO NOT FILE A REQUEST FOR SPECIAL NOTICE unless you meet all five requirements of the court form.
A "Request for Special Notice" is a common term that rarely applies in bankruptcy court. In the past, any party who was "interested" in a case would file a request so that parties who filed motions would serve the "interested party" with a copy of the motion. Once the interested party was on a mailing list, all other parties would also print and mail a copy of papers to the interested party. Then, now that the interested party was on a service list, the court would mail copies of orders to the interested party. Sometimes this led to the court expending labor, printing and postage to send many orders to parties who were not participants in a dispute.
In bankruptcy court, only parties who meet the 5-part test of FRBP 2002(i) are entitled to be given special notice by parties and by the court:
- Party is a creditor or equity security holder of the debtor
- Creditors Committee has been elected in the case pursuant to 11 U.S.C. 705 or appointed under 11 U.S.C. 1102
- The Court has limited notice to the Creditors Committee
- The Request for Special Notice is made pursuant to FRBP 2002(i), and
- The Request for Special Notice does not include a request for pleadings and orders
In 2008, our court added LBR 2015-1(b) and ended this excessive special notice practice in two ways:
- A party who meets the 5-part test of FRBP 2002(i) can file a "Request for Notice". See link below
- A party who does not meet the five strict requirements of FRBP 2002(i) can file a "Request for Courtesy NEF" . See link below