UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

IN THE MATTER OF: ) In Proceedings Under Chapter 11

)

DEBTOR NAME, ) Case No. 01-12345-XXX

)

Debtors. )

) Honorable \_\_\_\_\_\_\_\_\_\_\_\_

) United States Bankruptcy Judge

**STANDING ORDER #1**

######### ESTABLISHING NOTICE AND MOTION PROCEDURES

This matter coming before the Court on the request of the Debtors and
Debtors‑in‑Possession, the Court having reviewed and considered the
request and having heard the statements of counsel in support thereof
and the statements of all other parties appearing before the Court in
connection therewith; the Court having jurisdiction over this matter
pursuant to 28 U.S.C. §§ 157 and 1334 and Local District Court
Rule 9.01(B)(1); the Court finding that this is a core proceeding
pursuant to 28 U.S.C. § 157(b)(2); the Court being fully apprised in the
premises and having determined that because of the number of creditors
and other parties in interest in these cases, burdensome expense and
unnecessary delay will result unless a modified procedure for noticing,
copying and motion practice is implemented; now therefore, it is,

ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1.  As used herein, the term \"Debtors\" means the Debtors-in-Possession
    in these cases. These cases are jointly administered and are
    procedurally (but not substantively) consolidated.

2.  As used herein, the \"Master Service List\" means the list described
    herein. The \"Master Service List\" will contain the names and
    mailing addresses of all those individuals and entities designated
    pursuant to Paragraph 3 of this Standing Order. The Debtor shall
    update the "Master Service List" as necessary, but not less than
    monthly, and file the updated list electronically with the Court in
    compatible CM/ECF format.

3.  [Master Service List]{.underline}. The "Master Service List" shall
    include:

\(a\) Debtors' Counsel at:

\[Insert Names and Address of Counsel to Receive Pleadings\]

\(b\) Above-captioned Debtors and Debtors-in-Possession at:

\(c\) Lender(s)' Counsel at:

\[Insert Names and Address of Counsel to Receive Pleadings\]

\(d\) United States Trustee at:

United States Trustee

Thomas F. Eagleton U.S. Courthouse

111 South Tenth Street, Room 6353

St. Louis, Missouri 63102

Attention: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(e\) Counsel retained by any Official Committees established pursuant
to Section 1102 of the Bankruptcy Code. (Until counsel for the Unsecured
Creditor's Committee is appointed, the twenty largest creditors of each
Debtor shall be on the initial "Master Service List.")

4.  As used herein, the \"Master Notice List\" means the list described
    herein. The \"Master Notice List\" will contain the names and
    addresses of all persons or entities on the "Master Service List" as
    well as any persons or entities that have requested or may hereafter
    request notice in these proceedings. A request for notice shall be
    filed electronically with the Court and a copy shall be served upon
    the all parties on the Master Service List. Individuals or entities
    that wish to receive notices are solely responsible for filing and
    serving their requests for such notices. The twenty largest
    creditors of each Debtor shall be on the initial "Master Notice
    List" and the "Master Service List." Upon the establishment of
    Official Committees and entries of appearance by counsel for such
    Committees, the twenty largest creditors of each Debtor shall be
    deleted from the "Master Notice List" by having been removed from
    the "Master Service List." Any such creditors, may however, be added
    to the "Master Notice List" upon separate request. The Debtor shall
    update the "Master Notice List" as necessary, but not less than
    monthly, and file the updated list electronically with the Court in
    compatible CM/ECF format.

**[GENERAL SERVICE PROCEDURES]{.underline}**

5.  All service other than service by the Court's CM/ECF system shall be
    made by Regular Mail, except in emergency situations when overnight
    mail or fax is necessary or where electronic service is authorized.
    The certificate of service should accompany each pleading served and
    shall state that service has been made on all parties listed on the
    Master Service List or Master Notice List as applicable, listing the
    date and number of the Master Service List or Master Notice List
    used. The Master Service List or Master Notice List itself need
    [not]{.underline} be attached to the pleadings.

6.  All documents in adversary proceedings and any motions directed at
    specific parties (contested matters) shall be served, pursuant to
    Bankruptcy Rule 7004, upon (i) all parties thereto and any other
    entities having a particularized interest in the subject of the
    filings or motions; and (ii) the parties listed on the Master
    Service List.

7.  Unless otherwise directed by the Court, all notices required by
    subdivisions (a)(2), (3), and (6) of Bankruptcy Rule 2002 and by
    Bankruptcy Rule 4001 shall be mailed to:

> \(a\) each entity designated on the Master Notice List; and
>
> \(b\) when the notice is of a proposed use, sale, lease or abandonment
> of property or of a hearing thereon, each entity having an interest in
> the property; and
>
> \(c\) when the notice relates to relief from the stay to each entity
> affected by the stay relief; and

\(d\) when the notice is of a proposed compromise or settlement or of a
hearing thereon, each entity who is a party to the compromise or
settlement; and

> \(e\) when the notice is of an application for compensation or
> reimbursement of expenses or of a hearing thereon, each professional
> person who is seeking compensation or reimbursement whose retention in
> these cases is authorized by this Court.

8.  Notices required by subdivision (a)(1), (4), (5), and (7),
    subdivision (b), and subdivision (f) of Bankruptcy Rule 2002 shall
    be mailed to each entity on the Master Notice List, to all
    creditors, indenture trustees, and equity security holders.

9.  All other notices shall be served upon each entity on the Master
    Notice List and to any entity that has a particularized interest in
    the subject of the notice.

10. Notice in accordance with the provisions of this Order shall be
    presumed adequate pursuant to Bankruptcy Rule 2002. The Court may
    enter orders with respect to proper notice in its sole discretion on
    an [ex parte]{.underline} basis without notice and hearing.

######### MOTIONS, OBJECTIONS AND HEARING DATES

11. It is anticipated that during the routine administration of these
    cases, hearings shall normally be held on Motion Dates set by this
    Court commencing at \_\_\_\_\_\_\_\_ .m. All matters, unless
    otherwise ordered by the Court, shall be heard on the Motion Dates.
    The date of the next regularly scheduled Motion Date will be
    announced at the conclusion of each hearing, will be included in any
    post-hearing notice, and will be available through PACER.

12. All hearings will be held at the United States Bankruptcy Court,
    Thomas F. Eagleton U.S. Courthouse, 111 South Tenth Street, \_\_\_th
    Floor, St. Louis, Missouri unless otherwise announced by the
    undersigned Bankruptcy Judge.

13. It is the responsibility of the movant to contact
    \_\_\_\_\_\_\_\_\_\_\_\_, Courtroom Deputy at (314) 244-\_\_\_\_\_,
    or Matthew Parker, Director of Courtroom Services at (314) 244-4801,
    prior to scheduling any motions for hearing. The movant is further
    responsible for verifying available hearing dates prior to serving
    notice if notice is not served immediately.

14. All motions must be filed with a Notice of Hearing and a Certificate
    of Service. A proposed order granting the relief requested in the
    motion is to be submitted via the Judge's e-mail as set forth in the
    Court's Procedures Manual.

15. Absent exigent circumstances, any motion, application, objection or
    other request shall be filed and served at least twenty (20)
    calendar days prior to the anticipated hearing date.

16. An objection, response, reply or other memorandum in response to a
    motion shall be filed and served within fourteen (14) days after
    service of the motion. Movant shall have three (3) business days to
    reply to any such responsive pleadings.

17. If an emergency hearing is unavoidable and [essential]{.underline},
    in its discretion, the Court may hear the matter on a regularly
    scheduled Motion Date or on any other date scheduled by the Court.
    The Court will permit emergency hearings only if movant demonstrates
    that time opposing counsel was consulted in advance and that
    [best]{.underline} [efforts]{.underline} were made to notify the
    parties on the Master Service List and any other essential parties
    in advance of the hearing.

######### NON-RESIDENT ATTORNEYS

18. Motions by non-resident attorneys for permission to practice before
    the Court in these cases, *pro hac vice*, shall not be set for
    hearing. Motions for admission *pro hoc vice* shall be filed with
    the Clerk of the Bankruptcy Court together with the required fee of
    \$25.00 payable to the \"Clerk, U. S. District Court." The
    Bankruptcy Court will routinely grant such motion unless objections
    are promptly filed. In contested matters and adversary proceedings
    that are likely to involve extensive discovery, multiple hearings or
    protracted evidentiary proceedings, the Court normally will require
    parties admitted *pro hoc vice* to obtain local counsel.

######### PROOFS OF CLAIM

19. The court has not yet set a claims bar date (the \"Claims Bar
    Date\") in these cases. When a date is set, the Debtor will serve
    notice of the Claims Bar Date upon all parties along with a separate
    Standing Order regarding procedures for filing proofs of claim.

######### BRIEFS AND MEMORANDA

20. Briefs and supporting memoranda shall be subject to a fifteen-page
    limit, unless otherwise ordered by the Court.

######### CAPTION

21. All documents filed in the case of
    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (referenced as the "lead
    case") shall be deemed filed in all of the Debtor cases. The court
    shall docket and file such pleadings in the lead case only.

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22. Documents filed in these Debtor cases shall be filed in the lead
    case only and bear the following caption:

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

IN THE MATTER OF )

DEBTOR NAME, ) CASE NUMBER 01-01234-XXX

)

)

Debtors. ) IN PROCEEDINGS UNDER CHAPTER 11

)

) HONORABLE \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

) UNITED STATES BANKRUPTCY JUDGE

)

) \[NAME OF DOCUMENT\]

)

) \[NAME, ADDRESS, TELEPHONE

) NUMBER OF COUNSEL\]

\[Name of Movant\] )

) Motion No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

v\. )

) HEARING DATE:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Name of Respondent\] ) HEARING
TIME:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**[PROPOSED ORDERS]{.underline}**

23. Agreed orders shall not be submitted except upon separate execution
    by Debtors\' counsel and such other parties who may be necessary
    under the circumstances.

**[TERMS OF THIS ORDER]{.underline}**

24. This Order may be amended by this Court upon the request of any
    party in interest, giving not less than ten (10) business-days
    written notice to the parties on Master Service List. The Court may
    amend this Order [sua]{.underline} [sponte]{.underline} at any time.

25. Unless otherwise ordered, notice in accordance with the terms of
    this Order shall be presumed to be adequate.

26. This Order is in the Debtors\' best interests and presents no
    prejudice to any party\'s rights or interests. This Order shall
    continue in effect unless and until modified by further order of
    this Court.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

UNITED STATES BANKRUPTCY JUDGE

Dated: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

St. Louis, Missouri