Preferred Creditor Addresses
Effective Monday, October 17, 2005, the Bankruptcy Noticing Center (BNC) will support the preferred creditor address requirement that go into effect under 11 U.S.C. § 342(e) and (f). The BNC will not only continue to support preferred electronic mail address through the electronic Bankruptcy Noticing program, but it will also recognize case-specific address exceptions flagged by the court where a creditor files with a court a case-specific notice of preferred address pursuant to section 342(e) of the Bankruptcy code.
The BNC will also provide better service to notice recipients while further reducing the judiciary's postage expenses. Creditors likely will experience increased efficiencies by directing all bankruptcy court notices to a specific address. The judiciary will increase bulk mail discounts by sending multiple notices in a single package to a preferred address.
Section 315 of the Act includes provisions that will amend 11 U.S.C. § 342 as follows:
- Section 342(e) provides that a creditor may file with the court and serve on the debtor a notice of the address that must thereafter be used to give notice to the creditor in that case. The court and debtor must use that address beginning five days after they receive the creditor's notice.
- Section 342(f) permits a creditor to file a notice with any bankruptcy court setting out the address or addresses to which notices must be sent to the creditor by all bankruptcy courts or by particular bankruptcy courts. This address notice becomes effective 30 days after it is filed with a court. The notice in a specific case under subsection (e) supercedes the more global address notice that might be filed under (f).
These provisions of the Act will become effective October 17, 2005.