Rule 5075-1

CLERK'S USE OF OUTSIDE SERVICES AND AGENTS; CLAIMS AND NOTICING AGENTS – Amended [August 1, 2013]

  1. The Court may direct, subject to the supervision of the Clerk, the use of agents either on or off the Court's premises to file Court records, either by paper or electronic means, to issue notices, to maintain case dockets, to maintain Judges' calendars, and to maintain and disseminate other administrative information where the costs of such facilities or services are paid for by the estate.

  2. In a case in which the number of creditors and equity security holders, in the aggregate, is 250 or more, the estate shall retain, subject to approval of the Court, a claims and noticing agent in accordance with the Protocol for the Employment of Claims And Noticing Agents under 28 U.S.C. §156(c), which shall be available on the Court’s website http://www.nysb.uscourts.gov/sites/default/files/pdf/newClaimsAgentsProt...). With court approval, the estate may retain a claims and noticing agent in accordance with such protocol in a case in which the number of creditors and equity security holders, in the aggregate, is less than 250. The costs of services provided by such agent shall be paid by the estate. When the case is closed, the claims and noticing agent shall deliver to the Clerk a copy of the claims register.

  3. Upon request of the Clerk, the agent shall provide a copy of all electronic records maintained by the agent of the Clerk.

  4. Comment

         This rule complements 28 U.S.C. §156(c). Pursuant to the guidelines of the Judicial Conference of the United States, the Clerk is responsible for the security and integrity of all Court records.

         This rule was amended in 2013 to add as new subdivision (b) the provisions of General Order M-409, relating to the use of claims and noticing agents, and to state in the rule the link to the Court’s website where practitioners may access the governing protocols. The substance of former subdivision (b) has been deleted. The Clerk does not maintain duplicate electronic records of the claims register held by the claims and noticing agent. Such claims register is delivered to the Clerk upon the closing of the case. General Order M-409 was abrogated and replaced by this local rule in 2013.