Changes in the Bankruptcy Forms and Bankruptcy Noticing (effective 12/01/21)

Wednesday, December 1, 2021

Changes in the Bankruptcy Forms and Bankruptcy Noticing
 

Official Form 122B

A proposed amendment to the instructions at the top of Official Form 122B has been approved by the Judicial Conference and will go into effect December 1, 2021. The amended instructions clarify that the form is not to be used by an individual debtor filing under Subchapter V of Chapter 11.

High Volume BNC recipients

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.