Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART IX. GENERAL PROVISIONS

RULE 9007-1 GENERAL AUTHORITY TO REGULATE NOTICES: SERVICE

A. When Service Required. Except as otherwise provided in these Local Rules, in the BankruptcyRules, or in an order of the Court, every Document required to be served must be served on each party in interest upon whom service is required by the Code or the Bankruptcy Rules.

B. Person to be Served. Where an attorney has entered an appearance for a party in a case or proceeding, service of any Document required to be made on such party, except a complaint, must be made on the party’s attorney unless the Court directs otherwise.

C. How service made. Service must be made pursuant to BankruptcyRule 7005, which adopts Fed. R. Civ. P. 5(b) and Bankruptcy Rule 9006.

D. Certificate or Affidavit of Service. Except as set forth otherwise in these Local Rules, a certificate of service must accompany all requests for relief, objections, orders served pursuant to Local Rule 9013-1(h)(3) and notices submitted for filing. Every certificate of service must include: (1) the names and addresses of all persons and entities served other than through the ECF System; (2) the date service was made; (3) the manner in which service was made and; (4) the personal or electronic signature of the person making the certificate, his or her typed name, address, telephone number, and if an attorney, state bar number. It is not sufficient to state that service was made on “all parties in interest,” “all interested parties,” “all ECF registrants” or the like. In cases where the certificate of service would be inordinately long, the Court may provide exception to this rule pursuant to application and order. If the certificate of service is made by a person who is not the agent of an attorney or trustee, it must be in the form of a sworn affidavit. The signature of the notary must be a personal, not electronic, signature, and the notary seal must be visible on the Document. If a certificate of service is filed separately from the Document, it must identify the Document by name and docket number, and the docket entry shall be linked to the document served.

E. Limitations on Service or Notice. No order shortening time for service or limiting notice of any request for relief shall be entered except upon a clear and specific showing, by affidavit, of the reasons why proceeding other than by notice as prescribed by the BankruptcyRules and this rule is necessary. The affidavit must state whether a previous request altering notice requirements has been made by the moving party in connection with the case.