Bankruptcy Noticing Center Will No Longer Mail Notices to a Creditor if Address is Invalid Effective July 12, 2010
The Bankruptcy Noticing Center (BNC) mails notices for the Bankruptcy Court, based on information provided by the debtor, and in some instances, by the creditor. Beginning July 12, 2010, the BNC will no longer print and mail notices with invalid addresses that are undeliverable. The BNC will instead forward undeliverable notices to the debtor or debtor’s attorney, along with a notice of non-mailing stating that one or more addresses in the case mailing list are undeliverable. For more information about the undeliverable notices, please see page 2 of this public notice.
The debtor or debtor’s attorney must immediately mail the undeliverable notice to the creditors and file a change of address with the Bankruptcy Court to correct the invalid addresses. The BNC will not mail future notices to the undeliverable addresses.
DISCHARGEABILITY OF A DEBT MAY BE AFFECTED IF A CREDITOR FAILS TO RECEIVE CERTAIN NOTICES.
To correct invalid addresses, the debtor or debtor’s attorney, must file a Change of Address using the Court’s form B-1098. This form is available on the Court’s website at www.cacb.uscourts.gov, under Court Forms, or at the Intake section of each division.
This new process does not impact creditors that have already provided their preferred mailing addresses for receiving BNC notices, pursuant to 11 U.S.C. § 342(e)-(f).
KATHLEEN J. CAMPBELL
CLERK OF COURT
Addendum to Public Notice 10-010 (07/06/10)
EFFECTIVE JULY 12, 2010, THE BANKRUPTCY NOTICING CENTER WILL NOT MAIL NOTICES TO A CREDITOR IF ADDRESS IS INVALID
When a bankruptcy court mails notices to a creditor, the court is required to use the address a debtor provides on its creditor mailing list unless a creditor has provided the court with a different address. The court uses the Bankruptcy Noticing Center (“BNC”) to mail notices, but the BNC can only do so if an address is valid. If an address is not valid, the United States Postal Service (“USPS”) treats this as sending mail to an “undeliverable address.” Reasons for undeliverable mail may include: incomplete address; moved to a foreign address; moved and left no forwarding address; post office box closed; and forwarding order expired. In some instances the USPS will forward mail when a creditor has given the USPS a forwarding address, but only for a limited time. It is up to the debtor or creditor to file a change of address with the court.
Since the start of the BNC program, the Administrative Office of the U.S. Courts has authorized the BNC to bypass notices with incomplete addresses. Now, the BNC will no longer print and mail notices to undeliverable addresses for the additional reasons stated above. Instead, the BNC will mail a notification to the debtor or debtor’s attorney stating that the notice was bypassed. The bypass notification will: (1) include a copy of the notice that the BNC did not mail to the undeliverable address; (2) identify the creditor and the undeliverable address; (3) instruct the debtor to immediately mail the undelivered notice to the creditor; (4) inform the debtor that the BNC will not mail future notices to the undeliverable address; and (5) instruct the debtor to file a change of address to correct the creditor’s invalid address.
The BNC will continue to identify undeliverable addresses for creditors on each BNC Certificate of Notice under the category “Bypassed.” The BNC will also include the reason why a creditor’s address was bypassed and state that the debtor or debtor’s attorney was notified that the address was undeliverable.
Please note that the BNC will continue to mail notices to undeliverable addresses under the following conditions: (1) the address is for a debtor; or (2) the address is for a creditor who, pursuant to 11 U.S.C. § 342(f), has filed a preferred address with the BNC for all cases or who, pursuant to 11 U.S.C. § 342(e), has filed a preferred address with the court for a particular case. The BNC will attempt to contact the preferred address recipient regarding the need for address correction.
Providing valid addresses will reduce the volume of returned mail that the debtor, debtor’s attorney and the courts receive, and it will avoid unnecessary postage costs.