11 U.S.C. § 342 : US Code - Section 342: Notice

Search 11 U.S.C. § 342 : US Code - Section 342: Notice

(a) 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.
(b) 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 -
(1) a brief description of -
(A) chapters 7, 11, 12, and 13 and the general purpose,
benefits, and costs of proceeding under each of those chapters;
and
(B) the types of services available from credit counseling
agencies; and
(2) statements specifying that -
(A) 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
(B) all information supplied by a debtor in connection with a
case under this title is subject to examination by the Attorney
General.
(c)(1) 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.
(2)(A) 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.
(B) 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.
(d) 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.
(e)(1) 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.
(2) Any notice in such case required to be provided to such
creditor by the debtor or the court later than 5 days after the
court and the debtor receive such creditor's notice of address,
shall be provided to such address.
(f)(1) 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.
(2) 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).
(3) A notice filed under paragraph (1) may be withdrawn by such
entity.
(g)(1) 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.
(2) 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.