Local Rule 2002-1: NOTICES

LOCAL RULE 2002-1: NOTICES a. Duty of Certain Filers to Update Mailing Matrix. Upon the filing of a proof of claim and/or notice of appearance by a CM/ECF user, the filing party shall add or substitute the address listed therein on the mailing matrix in CM/ECF for purposes of receiving further notices. Failure to comply shall be deemed a waiver of the right to receive notice.

b. Designation of Addresses. A party in interest filing a notice of preferred address pursuant to 11 U.S.C. § 342(f) shall file the notice with the agency or agencies1 that provide noticing services to the Court.2 A party in interest who has filed an 11 U.S.C. § 342(f) notice of preferred address may, in a chapter 7 or 13 case, provide the Court with an 11 U.S.C. § 342(e) case specific address by filing a designation, which shall be in substantial conformance with the Court's local form. Parties may rely on the address and the method of notice specified by the party in interest to the Court's noticing agency.

c. Delegation of Re-Noticing. If noticing is delegated and the notice is returned as undeliverable,3 the party sending the notice or the debtor, if the matter is noticed by the Court, shall, re-notice the returned item upon the correction of the address, if known, or file a statement that notice was not provided to the particular party in interest.

d. Duty to Provide Accurate Address. The debtor or the debtor's attorney shall file and, if appropriate, docket a statement providing the Court with a correct address of any creditor or party in interest whose address appears invalid or undeliverable based either on the debtor's receipt of returned mail or a notice filed by the Court's noticing agent. The statement shall specifically reference the former address of the creditor or party in interest to ensure proper modification of the list of creditors. If the debtor is unable to determine a correct address for a creditor or party in interest, the debtor shall file or docket a statement specifying the creditor's name and indicating that a correct address cannot be found. The Clerk of Court is authorized to remove a creditor or party in interest and the incorrect address from the list of creditors where the address fails to include all necessary information for delivery, the address results in returned mail, or the address is bypassed for mailing by the Bankruptcy Noticing Center.

Notes:

(2023) Paragraph (d) was added to incorporate provisions from former SC LBR 1007-2.

1 The Court's noticing agent is the Bankruptcy Noticing Center. 2 Forms and registration information are available on the Court's website. 3 If the movant is a governmental unit or not otherwise a person as defined by 11 U.S.C. § 101(41), it may request that the Clerk of Court re-notice the document following the correction of the address.