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Changes to Fed. R. Bankr. P. 9036 Impacting High-Volume Paper Bankruptcy Notice Recipients

Monday, November 15, 2021

Effective December 1, 2021, the Director of the Administrative Office of the United States Courts has designated any entity that has been sent 100 or more paper bankruptcy notices by the Bankruptcy Noticing Center (BNC) in a single calendar month as a high-volume paper notice recipient pursuant to Fed. R. Bankr. P. 9036(b)(2)(B) (as amended effective December 1, 2021) (the “Rule”). The threshold number of paper notices that will cause a notice recipient to be designated as a high-volume paper notice recipient pursuant to the Rule will be reviewed annually and may be adjusted once a year, effective on December 1st of each year.

The BNC will monitor name and address combinations other than preferred name and address combinations given to the bankruptcy courts pursuant to 11 U.S.C. § 342(e) and (f).  Once the threshold paper notice amount is reached, the Bankruptcy Noticing Center (BNC) will notify the notice recipient that it must register for Electronic Bankruptcy Noticing (EBN) or that, if the recipient does not register within 45 days of the date of the notification, the BNC will establish an electronic address where the Director designates the recipient to receive its notices pursuant to the Rule.  The BNC will maintain the electronic addresses for any recipients that hit the threshold and fail to timely establish EBN accounts on their own.

For more information or to register for Electronic Bankruptcy Noticing, please click here.