Changes in § 342. Notice
Court to Give Additional Notice
§342(b) expands the notice that the clerk
is to give to debtors.
§342(d) requires the clerk to give notice
to all creditors if there is a presumption of abuse under is §707(b).
§342(f) allows a creditor to file with a
notice with the court stating its address for notice in cases under
chapters 7 and 13, and the court is then required to give notice to
that address.
Debtors to Give Additional Notice
Language in §342(c)(1), "but the
failure of such notice to contain such information shall not
invalidate the legal effect of such notice," has been deleted
possibly invalidating the notice if it does not include the name,
address, and taxpayer identification number of the debtor.
§342(c)(2) requires notices to include
account numbers and to be sent to creditors at address they have
listed in at least 2 communications sent to the debtor within 90
days prior to filing.
Other Notice
§342(f) requires the court and the debtor
to send notices to the address a creditor files in the case.
§342(f) makes notice ineffective if it is
not given as provided in this section. If the creditor
designates a person or department to be responsible for receiving
notices concerning bankruptcy, notice is not considered to have been
brought to the attention of the creditor until received by such
person or department.
Text appearing below in blue is the same in
H.R.333 and S.420. Text
in maroon is only in H.R.333. Text in
green is only in S.420. |
§ 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 bankruptcy case shall be subject to fine,
imprisonment, or both; and
(B) all information supplied by a debtor in
connection with a bankruptcy case 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 taxpayer identification number of the debtor.
(2) If, within the 90 days prior to the date of
the filing of a petition in a voluntary case, the creditor supplied the
debtor in at least 2 communications sent to the debtor with the current
account number of the debtor and the address at which the creditor
wishes to receive correspondence, then the debtor shall send any notice
required under this title to the address provided by the creditor and
such notice shall include the account number. In the event the creditor
would be in violation of applicable nonbankruptcy law by sending any
such communication within such 90-day period and if the creditor
supplied the debtor in the last 2 communications with the current
account number of the debtor and the address at which the creditor
wishes to receive correspondence, then the debtor shall send any notice
required under this title to the address provided by the creditor and
such notice shall include the 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 is
triggered 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
been triggered.
(d) In an individual case under chapter 7 in
which the presumption of abuse is triggered 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 been triggered.
(e) At any time, a creditor, in a case of an
individual debtor under chapter 7 or 13, may file with the court and serve
on the debtor a notice of the address to be used to notify the creditor in
that case. Five days after receipt of such notice, if the court or the
debtor is required to give the creditor notice, such notice shall be given
at that address.
(f) An entity may file with the court a notice
stating its address for notice in cases under chapters 7 and 13. After 30
days following the filing of such notice, any notice in any case filed
under chapter 7 or 13 given by the court shall be to that address unless
specific notice is given under subsection (e) with respect to a particular
case.
(g)
(1) Notice given to a creditor other than as
provided in this section shall not be effective notice until that notice
has been brought to the attention of the creditor. If the creditor
designates a person or department to be responsible for receiving
notices concerning bankruptcy cases and establishes reasonable
procedures so that bankruptcy notices received by the creditor are to be
delivered to such department or person, notice shall not be considered
to have been brought to the attention of the creditor until received by
such person or department.
(2) No sanction under section 362(k) or any
other sanction that a court may impose on account of violations of the
stay under section 362(a) or failure to comply with section 542 or 543
may be imposed on any action of the creditor unless the action takes
place after the creditor has received notice of the commencement of the
case effective under this section.
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