Why should I receive notices electronically?
There are lots of reasons to choose electronic bankruptcy noticing:
- You will receive notices days faster than the current postal service delivery time. Notices are sent electronically the same day the court produces them.
- EBN email is free and easy to implement. Toll-free telephone support is also provided at 877-837-3424 to answer your questions.
- Notices normally sent to all your branch locations are sent to the central place you designate to process bankruptcy cases.
- Electronic notices are easy to forward to those who need to know.
- Notices stored on your computer are easier to find when you need it, never lost or mistakenly thrown away, and easily backed up.
- Electronic notices do not need to be scanned into your system or shredded when you are finished with them.
The rest of your office is going paperless, so why not bankruptcy notices? It's the organized, efficient, green thing to do.
What is the legal authority for sending bankruptcy notices electronically?
Notice recipients are able to register to receive their notices electronically pursuant to Federal Rules of Bankruptcy Procedure (Rules) 2002(g)(4) and 9036; and Federal Rule of Civil Procedure 5(b)(2)(E). The BNC contractor is an approved notice provider pursuant to Rules 2002(g)(4) and 9001(9). Preferred addresses are registered with the BNC pursuant to 11 U.S.C. §342(f) and Rule 2002(g)(4).
Why do I have to sign a noticing agreement?
Bankruptcy Rule 9036, which authorizes electronic noticing, requires the recipient to request electronic noticing services in writing. The noticing agreement satisfies the rule and describes the electronic noticing process and roles of the parties so that there are no misunderstandings.
How are creditor names/addresses updated?
Contact information or name and address changes and additions are easily done through this website.
Is the file encrypted?
When you download the PDF file from the EBN web site, it is transmitted over an encrypted secure link.
What if I want a notice retransmitted?
The BNC will not retransmit notices. Just as with mailed notices, if you believe you did not receive a notice or if you accidentally deleted a notice, you should contact the court for a copy.
When are Evidence of Authority forms needed?
The Evidence of Authority Form for Related Names is required if you are subscribing for EBN service on behalf of a related company, such as a parent or subsidiary, or brand names. The Evidence of Authority Form for Related Names is also needed for a law firm that wants all notices for its attorneys to be sent to one email account, and the lawyers are listed individually in the clerk's office database. (See the next question and explanation below regarding law firms.) The Evidence of Authority Form for Authorized Agent is required if you are a third party service provider performing notice processing services on behalf of another company.
If a law firm is the noticing agreement subscriber, does the firm need to complete an Evidence of Authority Form for Related Names listing each attorney?
It depends on how the court maintains the lawyers names and addresses and the intent of the firm. If the firm wants all the notices for all of its attorneys sent to one email account, and the lawyers are listed individually in the clerk's office database, then an Evidence of Authority would be required to properly set up the account at the BNC.
What if an attorney leaves a firm and doesn't notify the court or BNC and is then added to a new firm's name and address list?
The BNC software matches the name AND address. If the name and address match the court notice recipient list, the notice will be sent electronically to that recipient. When the BNC is setting up a new EBN noticing agreement, the software automatically checks to be sure no existing EBN recipients will match the new noticing agreement's names and addresses. If a name and address submitted match an existing EBN recipient, the BNC will not process the agreement and will contact the customer to resolve the situation.