Insured Depository Institutions

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TO:           Insured Depository Institutions

FROM:     Reid Wilcox, Clerk of Court

Pursuant to Rule 7004(h)(3) of the Federal Rules of Bankruptcy Procedures service of process on an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) in a contested matter or adversary proceeding shall be made by certified mail addressed to an officer of the institution unless

  1. the institution has appeared by its attorney, in which case the attorney shall be served by first-class mail;
  2. the court orders, otherwise after service upon the institution by certified mail of notice of an application to permit service on the institution by first-class mail sent to an officer of the institution designated by the institution; or
  3. the institution has waived in writing its entitlement to service by certified mail by designating an officer to receive service.

The purpose of this memorandum is to obtain current information regarding item (3) above and to advise other institutions of the process for designating an officer to obtain service. A list of institutions and their designated officers can be seen by clicking here. If an institution wishes to change the designated officer or if an institution wishes to designate an officer for service, the attached proposed consent order can be submitted to the court. Click  here  for the proposed consent order. If an institution wishes to withdraw its designation of an officer, a withdrawal of the consent must be filed with the court.