Opinion
December 5, 2005
IT IS HEREBY ORDERED that an entity and a notice provider may agree that when the notice provider is directed by the Court to give a notice to that entity, the notice provider shall give the notice to the entity in the manner agreed to and at the address the entity supplies to the notice provider. That address is conclusively presumed to be a proper address for the notice. The notice provider's failure to use the supplied address does not invalidate any notice that is otherwise effective under applicable law.
IT IS FURTHER ORDERED that a Notice of Preferred Creditor Address, to be used in all cases pursuant to 11 U.S.C. § 342(f), shall be filed directly with the agency that provides noticing services for the Bankruptcy Court and that such filing shall constitute the filing of such a notice with the Court. Creditors shall file a Notice of Preferred Creditor Address to be used in all cases by registering with the National Creditor Registration Service (NCRS) through the agency that provides noticing services for the Bankruptcy Court. Forms and registration information are attached hereto and are available atwww.ncrsuscourts.com.
IT IS FURTHER ORDERED that a Notice of Exception to Preferred Creditor Address, to be used in a specific case pursuant to 11 U.S.C. § 342(e), shall be filed with the Clerk in that particular case, using Local Form L-1 attached hereto and available on the Court's website at www.wvsd.uscourts.gov.
United States Bankruptcy Courts National Creditor Registration Service
CREDITOR REGISTRATION OF PREFERRED ADDRESS AND REQUEST FOR NATIONAL CREDITOR REGISTRATION SERVICE PARTICIPATION
Company or Law Firm Name of Subscriber: ______________________________ ______________________________ OR Individual Name of Subscriber: _______________________________ ______________________________
All United States Bankruptcy Courts OR District(s) of: _____________________________________________
The courts referred to above are requested to transmit bankruptcy notices through the Bankruptcy Noticing Center (BNC) to the creditor's preferred mailing address specified on page 2 of this form. This form is submitted pursuant to 11 U.S.C. § 342(f) and Federal Rule of Bankruptcy Procedure 2002(g)(4) (eff. December 1, 2005). The transmittal of notices through the BNC to such preferred addresses is provided through the Federal Judiciary's National Creditor Registration Service (NCRS). This form is provided by the U.S. Bankruptcy Courts and may not be altered or changed in any manner. The completed form should be mailed or faxed to the Judiciary's noticing contractor at:
BAE Systems — Bankruptcy Noticing Center 2525 Network Place Herndon, VA 20171-3514 Fax: (703) 668-4451How the NCRS Program Works :
Entities that complete and return this form to the BNC will have notices sent from all bankruptcy courts, or from the individual bankruptcy courts specified, redirected to a preferred mailing address for cases filed under all chapters of the Bankruptcy Code, effective within 30 days after receipt by the BNC.
Software will attempt to match the names and addresses provided on this form to the name and address included in the mailing list. In most cases, the addresses in the court's mailing list are provided by the debtor. If a match is made, the notice will be redirected to the preferred name and address specified in this form. If the recipient name and address in the court's mailing list do not match any combination of names and addresses specified in this form, the BNC will mail the notice to the address provided in the mailing list. The creditor must notify the BNC should there be a change to the preferred address and/or matching names and addresses specified by this form. * * * The BNC does not process all of the notices that you may receive in a case. Notices generated by trustees, attorneys, debtors and other entities may continue to be mailed to the address of record filed by the debtor. * * * In Case of Error: Please contact the BNC to resolve any address issues.
For Additional Information : Visit the NCRS program web page at www.NCRSuscourts.com or call the toll free NCRS help line at 1-877-837-3424. 1. CONTACT INFORMATION 2. PREFERRED ADDRESS INFORMATION 3. NAME AND ADDRESS VARIATIONS 4. AUTHORIZATION To be completed if creditor is a company/corporation: Under penalty of perjury, I, the undersigned, affirm that I am an authorized officer of the above named company or corporation and I am duly authorized to enter into this agreement on behalf of the named company or corporation; and, I affirm that bankruptcy notices for the above named entity, and any attached company names (spelling variations) and addresses, should legally be directed to the named company. I understand that no legal relationship is created between the entity receiving bankruptcy notices herein and the BNC by this election or submission of this form and that neither the BNC nor the court bears any liability for errors resulting from the information submitted herein or as to future amendments, modifications or substitutions for this information on behalf of this entity. To be completed if creditor is an individual: Under penalty of perjury, I affirm that bankruptcy notices for my name and addresses provided above, and any attached spelling variations, should legally be directed to my address above. I understand that no legal relationship is created between the entity receiving bankruptcy notices herein and the BNC by this election or submission of this form and that neither the BNC nor the court bears any liability for errors resulting from the information submitted herein or as future amendments, modifications or as to substitutions for this information on behalf of this entity.
Name Firm/Company Name Address Line 1 Address Line 2 Address Line 3 Address Line 4 City, State Zip Code Phone No. Fax No. Email Firm/Company — OR — Individual Name Preferred Address Line 1 Preferred Address Line 2 Preferred Address Line 3 Preferred Address Line 4 City, State Zip (Zip +4 required) To find your 9 digit zip, go to: http://zip4.usps.com/zip4/ — Provide name and addresses EXACTLY as they appear on notices you currently receive from the bankruptcy courts. The following information will only be used by the BNC to determine when a notice should be readdressed to the preferred name and address identified in section 2 above. Attach additional sheets if needed: Names to be substituted with Preferred Address Information: Addresses to be substituted with Preferred Address Information: Name: Signature: Corporate Officer Title: (if applicable) Date: Name: Signature: Date:United States Bankruptcy Courts National Creditor Registration Service — Evidence of Authority Form Authorized Agent
This form must be completed as an attachment to the Electronic Noticing Agreement, or Creditor of Registration of Preferred Address and Request for National Creditor Registration Service Participation, when notices from U.S. Bankruptcy Courts should be directed to an Authorized Agent of another company.
Please be advised that pursuant to the Federal Rule of Bankruptcy Procedure 2002(g) ___________________________ (Subscriber) is the authorized agent to receive bankruptcy notices for the following principal company and its subsidiaries.
This form is provided by the U.S. Bankruptcy Courts and may not be altered or changed in any manner. Upon completion, Subscriber must submit this form to the Bankruptcy Noticing Center (BNC).
Any combination of names and addresses submitted below will be used to match against the recipient list for a particular notice, and thereby be identified for electronic transmission or redirection to a preferred mailing address. The BNC may contact you for an electronic name and address list if 10 or more names and addresses are attached.
Principal company name and any subsidiaries for which bankruptcy notices should be sent to the Subscriber/Agent: (If necessary, attach additional names): Addresses: (If necessary, attach additional principal company addresses): Under penalty of perjury, I, the undersigned, affirm I am an authorized officer of the principal company/corporation ____________________________________________________ (principal company name) and I am duly authorized to enter into this Agreement on behalf of the named principal company or corporation and all related company names and addresses provided above; and I affirm that bankruptcy notices for the principal company names and addresses above should be directed to the following Subscriber/Agent company: ____________________________________________ (Subscriber/Agent) pursuant to the National Creditor Registration Service participation request. I understand that no legal relationship is created between the entity to receive bankruptcy notices herein and the BNC by this election or submission of this form and that neither the BNC nor the court bears any liability for errors resulting from the information submitted herein. I understand that I have a duty to inform the Bankruptcy Noticing Center should the Subscriber no longer be authorized to receive my company's bankruptcy notices.Principal Company Officer Name (print): __________________________ Title: ______________________________ Officer Signature: _________ Phone: ______________________________ Date: ______________________
United States Bankruptcy Courts National Creditor Registration Service — Evidence of Authority Form Related Names
This form must be completed as an attachment to the Electronic Noticing Agreement, or Creditor Registration of Preferred Address and Request for National Creditor Registration Service Participation, whenever notices from U.S. Bankruptcy Courts are addressed to a related company, (i.e., parent or subsidiary company, of the Subscriber company, or individual attorneys of a Subscriber law firm), and the notices are to be delivered to a single, electronic mail account, fax number or preferred address.
Please be advised that __________________________ (Subscriber company name/law firm name) owns, or is a subsidiary of, the following specifically named related companies and/or brand names, or is a law firm Subscriber, and that the Subscriber is duly authorized to receive, paper or electronic versions of all notices as described in the Electronic Noticing Agreement, or Creditor Registration of Preferred Address form, which are addressed to such related company names or individual attorneys of the Subscriber law firm.
This form is provided by the U.S. Bankruptcy Courts and may not be altered or changed in any manner. Upon completion, Subscriber must submit this form to the Bankruptcy Noticing Center (BNC).
Any combination of names and addresses submitted below will be used to match against the recipient list for a particular notice, and thereby be identified for electronic transmission or redirection to a preferred mailing address. The BNC may contact you for an electronic name and address list if 10 or more names and addresses are attached.
Related Names: (If necessary, attach additional names and address):
Addresses: (If necessary, attach additional principal company addresses):
Under penalty of perjury, I, the undersigned, affirm that I am an authorized officer of the above named Subscriber company, corporation or law firm and I am duly authorized to enter into this agreement on behalf of the named Subscriber company, corporation or law firm and all related names provided for by this agreement; and I affirm that bankruptcy notices for the related names and addresses provided above should be directed to the named Subscriber. I understand that I am solely responsible for the accuracy of the name and address information provided and that neither the courts nor the BNC will be held responsible for any loss, damage or inconvenience caused as a result of any inaccuracy or error in the provided information. I understand that no legal relationship is created between the entity to receive bankruptcy notices herein and the BNC or the court by this election or submission of this form. I understand that I have a duty to inform the BNC should the Subscriber no longer be the legal recipient of the bankruptcy notices for any of the related names or addresses submitted above.
By Subscriber (company/law firm): _____________________________________ Name (print): ______________________ Signature: _______________________ Title: __________________ Phone: ____________ Date: ___________________