October 28, 2006
New Proposed Rules will affect electronic noticing and service
First published September 20, 2004
The Judicial Conference has circulated a couple of new proposed Rules which will affect electronic service and notice of bankruptcy pleadings. In summary:
Rule 9036: Current Rule 9036 allows electronic service of notices, but requires that the receipient be able to confirm receipt. The amended rule will provide that the notice is received on transmission, thus expanding the ability to provide notice by e-mail.
Rule 2002: A new 2002(g)(4) allows "notice providers" and other entities to agree on a method of providing notices required by Rule 2002, notwithstanding anything else in Rule 2002(g) to the contrary. A new Rule 9001(9) defines a notice provider as any entity authorized by the AO of the US Courts to give notices to creditors. This would allow notice by e-mail, or possibly even by posting on an on-line database.
Comments on the proposed amendments are due February 15, 2005. In addition, anyone wishing to comment orally may do so by requesting, at least 30 days before, the two scheduled hearings: February 3, 2005, in Washington, D.C., and February 7, 2005, in San Francisco. Those wishing to testify should contact the secretary at least 30 days before the hearing. ¶ 3:37 PM
The Judicial Conference has circulated a couple of new proposed Rules which will affect electronic service and notice of bankruptcy pleadings. In summary:
Rule 9036: Current Rule 9036 allows electronic service of notices, but requires that the receipient be able to confirm receipt. The amended rule will provide that the notice is received on transmission, thus expanding the ability to provide notice by e-mail.
Rule 2002: A new 2002(g)(4) allows "notice providers" and other entities to agree on a method of providing notices required by Rule 2002, notwithstanding anything else in Rule 2002(g) to the contrary. A new Rule 9001(9) defines a notice provider as any entity authorized by the AO of the US Courts to give notices to creditors. This would allow notice by e-mail, or possibly even by posting on an on-line database.
Comments on the proposed amendments are due February 15, 2005. In addition, anyone wishing to comment orally may do so by requesting, at least 30 days before, the two scheduled hearings: February 3, 2005, in Washington, D.C., and February 7, 2005, in San Francisco. Those wishing to testify should contact the secretary at least 30 days before the hearing. ¶ 3:37 PM
