11 U.S.C. § 342 — Notice
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 928 words · no verdicts yet
Bankruptcy cases require appropriate notice to interested parties, including community-claim holders. Before an individual with mostly consumer debts files, the court clerk must send written notice explaining the different bankruptcy chapters, credit counseling options, and the risks of fraud or concealment. The law sets detailed rules on what debtor and creditor notices must contain, which address to use, and when a notice counts as received.
(a) Whenever a bankruptcy case starts, appropriate notice must go out about the order for relief, including to anyone holding a "community claim*."
(b) Before an individual whose debts are mostly consumer debts files a case, the court clerk must send that person written notice covering: (1) a brief description of (A) chapters 7, 11, 12, and 13 — their general purpose, benefits, and costs — and (B) the kinds of help available from credit counseling agencies; and (2) statements that (A) knowingly and fraudulently hiding assets, or making a false oath or statement under penalty of perjury, in a bankruptcy case can lead to fines, imprisonment, or both, and (B) the Attorney* General can examine all information the debtor* supplies in the case.
(c)(1) Any notice the debtor must send a creditor* — under this title, a rule, other applicable law, or a court order — must include the debtor's name, address, and the last 4 digits of their taxpayer identification number; but if the notice concerns an amendment that adds a creditor to the schedules, the debtor must include the full taxpayer identification number in that creditor's notice, while the copy filed with the court still shows only the last 4 digits. (2)(A) If, within the 90 days before a voluntary case starts, a creditor gave the debtor its current account number and its preferred mailing address in at least 2 communications, then any notice the debtor must send that creditor must go to that address and include that account number. (B) The same rule applies even if sending those communications would otherwise have violated nonbankruptcy law, as long as the creditor supplied that account number and address in its last 2 communications.
(d) In a chapter 7 case where the debtor is an individual and the "presumption of abuse" arises under section 707(b), the clerk must give written notice to all creditors, within 10 days after the petition is filed, that this presumption has arisen.
(e)(1) In a chapter 7 or 13 case with an individual debtor, a creditor may, at any time, file with the court and serve on the debtor a notice of the address it wants used for notices in that case. (2) Any notice due to that creditor more than 7 days after the court and the debtor receive that address notice must be sent to that address.
(f)(1) An entity* may file a notice of address with any bankruptcy court — to be used by all bankruptcy courts, or by particular ones it names — for notices in every chapter 7 and 13 case pending in those courts where that entity is a creditor. (2) In any chapter 7 or 13 case, any notice due to that entity more than 30 days after that address notice is filed must go to that address, unless a different address is later specified for that particular case under subsection (e). (3) The entity may withdraw that address notice at any time.
(g)(1) A notice given to a creditor in any way other than as this section describes (not counting this subsection) is not effective until it actually reaches that creditor's attention. If the creditor has designated a person or unit to receive these notices, and has reasonable procedures for routing notices there, then such a notice does not count as reaching the creditor's attention until it reaches that person or unit. (2) A creditor cannot be fined for violating the automatic stay under section 362(a) (including a fine under section 362(k)), or for failing to comply with section 542 or 543, unless the conduct violating the stay or failing to comply happened after the creditor received notice — effective under this section — of the order for relief.
There shall be given such notice as is appropriate, including notice to any holder of a community claim*, of an order for relief in a case under this title.
Before the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give to such individual written notice containing—
a brief description of—
chapters 7, 11, 12, and 13 and the general purpose, benefits, and costs of proceeding under each of those chapters; and
the types of services available from credit counseling agencies; and
statements specifying that—
a person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a case under this title shall be subject to fine, imprisonment, or both; and
all information supplied by a debtor* in connection with a case under this title is subject to examination by the Attorney* General.
If notice is required to be given by the debtor to a creditor* under this title, any rule, any applicable law, or any order of the court, such notice shall contain the name, address, and last 4 digits of the taxpayer identification number of the debtor. If the notice concerns an amendment that adds a creditor to the schedules of assets and liabilities, the debtor shall include the full taxpayer identification number in the notice sent to that creditor, but the debtor shall include only the last 4 digits of the taxpayer identification number in the copy of the notice filed with the court.
If, within the 90 days before the commencement of a voluntary case, a creditor supplies the debtor in at least 2 communications sent to the debtor with the current account number of the debtor and the address at which such creditor requests to receive correspondence, then any notice required by this title to be sent by the debtor to such creditor shall be sent to such address and shall include such account number.
If a creditor would be in violation of applicable nonbankruptcy law by sending any such communication within such 90-day period and if such creditor supplies the debtor in the last 2 communications with the current account number of the debtor and the address at which such creditor requests to receive correspondence, then any notice required by this title to be sent by the debtor to such creditor shall be sent to such address and shall include such account number.
In a case under chapter 7 of this title in which the debtor is an individual and in which the presumption of abuse arises under section 707(b), the clerk shall give written notice to all creditors not later than 10 days after the date of the filing of the petition that the presumption of abuse has arisen.
In a case under chapter 7 or 13 of this title of a debtor who is an individual, a creditor at any time may both file with the court and serve on the debtor a notice of address to be used to provide notice in such case to such creditor.
Any notice in such case required to be provided to such creditor by the debtor or the court later than 7 days after the court and the debtor receive such creditor’s notice of address, shall be provided to such address.
An entity* may file with any bankruptcy court a notice of address to be used by all the bankruptcy courts or by particular bankruptcy courts, as so specified by such entity at the time such notice is filed, to provide notice to such entity in all cases under chapters 7 and 13 pending in the courts with respect to which such notice is filed, in which such entity is a creditor.
In any case filed under chapter 7 or 13, any notice required to be provided by a court with respect to which a notice is filed under paragraph (1), to such entity later than 30 days after the filing of such notice under paragraph (1) shall be provided to such address unless with respect to a particular case a different address is specified in a notice filed and served in accordance with subsection (e).
A notice filed under paragraph (1) may be withdrawn by such entity.
Notice provided to a creditor by the debtor or the court other than in accordance with this section (excluding this subsection) shall not be effective notice until such notice is brought to the attention of such creditor. If such creditor designates a person or an organizational subdivision of such creditor to be responsible for receiving notices under this title and establishes reasonable procedures so that such notices receivable by such creditor are to be delivered to such person or such subdivision, then a notice provided to such creditor other than in accordance with this section (excluding this subsection) shall not be considered to have been brought to the attention of such creditor until such notice is received by such person or such subdivision.
A monetary penalty may not be imposed on a creditor for a violation of a stay in effect under section 362(a) (including a monetary penalty imposed under section 362(k)) or for failure to comply with section 542 or 543 unless the conduct that is the basis of such violation or of such failure occurs after such creditor receives notice effective under this section of the order for relief.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 98–353, title III, §§ 302, 435, July 10, 1984, 98 Stat. 352, 370; Pub. L. 103–394, title II, § 225, Oct. 22, 1994, 108 Stat. 4131; Pub. L. 109–8, title I, §§ 102(d), 104, title II, § 234(b), title III, § 315(a), Apr. 20, 2005, 119 Stat. 33, 35, 75, 88; Pub. L. 111–16, § 2(4), May 7, 2009, 123 Stat. 1607.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2565
- 1984Amended · Pub. L. 98-353 · 98 Stat. 352, 370
- 1994Amended · Pub. L. 103-394 · 108 Stat. 4131
- 2005Amended · Pub. L. 109-8 · 119 Stat. 33, 35, 75, 88
- 2009Amended · Pub. L. 111-16 · 123 Stat. 1607
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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