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Perfecting Notice and Saving $$
COVID-19 brought new realties to almost every aspect of life including the physical production of print/mail noticing and the timely delivery of mail by the U.S. Postal Service (USPS). The fallout from heavy mail in ballots during the 2020 elections as well as record increases in online shopping and shipping caused systemic delivery delays throughout the USPS. Return of undeliverable mail was reported to take up to two months to be returned during peak periods.
Such realities made me delight in the concept of service being complete via the notice of electronic filing (NEF) generated by the court's Case Management/Electronic Case Files (CM/ECF) system. However, under FRBP 2002, several notices are required to be served on all creditors. The reality is, the majority of parties who fall under the category of "all creditors" are NOT registered users of CM/ECF. And it is typical in small and middle market cases that the out of pocket costs associated with printing and mailing are daunting, while in bigger cases they are sometimes beyond extraordinary.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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