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Amendments to Federal Rules of Bankruptcy Procedure, Official Bankruptcy Forms, Fee Changes and Updates to Mandatory Electronic Bankruptcy Noticing Thresholds: Effective December 1, 2023

Thursday, November 30, 2023

Effective December 1, 2023, the following Federal Rules of Bankruptcy Procedures and Official Forms have been amended:

Federal Rules of Bankruptcy Procedure

  • Rule 3011. Unclaimed Funds in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13
  • Rule 8003. Appeal as of Right – How Taken; Docketing the Appeal
  • Rule 9006. Computing and Extending Time; Time for Motion Papers
  • Rule 9038. Bankruptcy Rules Emergency (New Rule)

Official Bankruptcy Forms

  • Official Form 417A Notice of Appeal and Statement of Election
  • Official Form 410A Proof of Claim Attachment
  • Form 1340 Application for Payment of Unclaimed Funds

Information about the rule amendments can be found here, and changes to the official bankruptcy form may be viewed here

Unclaimed Funds:

Guidance on how to access information about unclaimed funds deposited pursuant to 11 U.S.C. § 347(a) and how to file applications on the new form for payments of unclaimed funds can be located here.

Adjustments to the Bankruptcy Court Miscellaneous Fee Schedule:

The Judicial Conference of the United States approved inflationary adjustments to the Bankruptcy Court Miscellaneous Fee Schedule, effective December 1, 2023. The amended fees can be found here, and will be published to the court’s website here.

Mandatory Electronic Bankruptcy Noticing:

Effective December 1, 2023, the Director of the Administrative Office of the United Sates Court has designated any entity that has been sent 25 or more paper bankruptcy notices by the Bankruptcy Noticing Center (BNC) in a single calendar year as a high-volume paper-notice recipients pursuant to Federal Rules of Bankruptcy Procedure 9036(b)(2)(B). If an entity reaches a threshold of 25 or more paper notices in a calendar year, the BNC will notify the entity that it must register for electronic bankruptcy noticing. If the entity fails to register, the BNC will establish an electronic address on its behalf where notices will be delivered. Further information regarding electronic bankruptcy noticing can be located here.