Rule 2.421. Notice of Bankruptcy Proceedings

(A) Applicability. This rule applies to all state court actions in which a party is a named debtor in a bankruptcy proceeding under 11 USC 101 et seq.

(B) Party Subject to Bankruptcy Proceeding. Any party in a state court action who is a named debtor in a bankruptcy proceeding must

(1) file a notice of the bankruptcy proceeding in the state court action no later than 3 days after becoming subject to such bankruptcy proceeding, and

(2) serve the notice on all other parties in the state court action as provided in MCR 2.107.

(C) Other Parties. If a party to a state court action learns that another party in such action is a named debtor in a bankruptcy proceeding and notice of the bankruptcy proceeding in subrule (B) has not previously been filed and served by the debtor, then such party may

(1) file a notice of the bankruptcy proceeding in the state court action, and

(2) serve the notice on all other parties in the state court action as provided in MCR 2.107.

(D) Notice Contents. Notice of a bankruptcy proceeding filed under this rule must, at a minimum, include all of the following:

(1) name(s) of the debtor(s) described in subrule (A);

(2) the court name and case number(s) of the bankruptcy proceeding(s); and,

(3) if available, the name, telephone number, physical address, and email address for the debtor’s attorney in the bankruptcy proceeding(s).

(E) Effect of Notice. If a notice is filed under this rule, the court may hold in abeyance any further proceedings and may schedule a status conference to consider the administrative closure of all or a portion of the state court action. To the extent that all or a portion of the state court action is administratively closed under this subrule or otherwise, it may be reopened if, on the motion of a party or on the court’s own initiative, the court determines that the automatic stay has been lifted, removed, or otherwise no longer impairs adjudication of all or a portion of the state court action.

(F) This rule does not abridge, enlarge, or in any way modify existing rights and procedures under federal law, including bankruptcy proceedings under 11 USC 101 et seq.