Bankruptcy Procedure 9036 Amendment: Electronic Bankruptcy Noticing Enrollment Requirements

The United States Supreme Court and United States Congress have amended Federal Rule of Bankruptcy Procedure 9036 to require certain recipients of paper bankruptcy notices to switch to electronic noticing effective December 1, 2021.

The new requirement will affect recipients who receive 100 or more paper bankruptcy notices monthly. In this instance, it will be required for recipients to enroll in electronic bankruptcy noticing through the Bankruptcy Noticing Center, and they will no longer be able to rely on receiving paper notices. However, this may be a blessing in disguise. We recommend opting to receive electronic notices rather than depending on the slowness (and other factors) of mail delivery that can have adverse effects leading to notices not being received.

Registering with the Bankruptcy Noticing Center is usually simple and painless, and allows you to set up all of your incoming notices to arrive at a singular email address. We recommend that you set up a dedicated email address/inbox to receive all of your bankruptcy notices so that they can be in one singular location. We also recommend allowing access to different persons within your organization to cover any potential absences.

Since the deadline is quickly approaching on December 1^st, we encourage you to begin your setup through the Bankruptcy Noticing Center today. Please feel free to reach out to our bankruptcy recovery team or attorney Garry Masterson if you have any questions regarding this new requirement or the process to setup your electronic noticing. As always, we will provide further updates as new changes come along.

This blog is not a solicitation for business and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship, or be legally binding in any way.