Changes to Federal Rules of Bankruptcy Procedure Effective Dec. 1, 2021

Release Date: 
Thu, 12/02/2021

The Federal Rules of Bankruptcy Procedure, as well as the Federal Rules of Appellate Procedure, were amended effective December 1, 2021. In addition, Official Form 122B, Chapter 11 Statement of Monthly Income, was amended.

The amendments pertain to the following national bankruptcy rules:

Rule 2005: compelling attendance at 2004 exam

Rule 3007: service of objections to claims

Rule 7007.1: requirement to file corporate disclosure statement

Rule 9036: electronic service and noticing

Visit for the text of the rule amendments.

Rule 9036 expands the use of electronic noticing to require designated high-volume paper notice recipients to register for Electronic Bankruptcy Noticing (EBN):

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.