Rules and Forms Amendments

Monday, November 15, 2021

On December 1, 2021, amendments to the Federal Rules of Bankruptcy Procedure 2005, 3007, 7007.1, and 9036 will take effect. In addition, an amendment to the instructions at the top of Official Form 122B clarifies that the form is not to be used by an individual debtor filing under Subchapter V of Chapter 11.

Of particular note:

  • Effective December 1, 2021, the Director of the Administrative Office of the United States Courts has designated any entity that receives 100 or more paper bankruptcy notices 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. 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.

  • Rule 3007(a)(2)(A)(ii) is amended to clarify that the special service method required by Rule 7004(h) must be used for service of objections to claims only on insured depository institutions as defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. § 1813.

For further information regarding the amendments see: https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments.