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Is a notice of bankruptcy sent to me?

June 28, 2022

By Diane Drain Attorney & Retired Law Professor

In most cases, in order for the automatic stay’s full restraining action to take effect, Section 342 requires that all creditors be notified of the bankruptcy. The debtor must identify all addresses provided by the creditor in the 90 days leading up to the bankruptcy filing, as well as any additional addresses used by the creditor in a prior bankruptcy. Section 342(c)   If a creditor receives notice of bankruptcy, they must immediately halt all attempts to contact the debtor or collect property without first seeking authorization from the bankruptcy court. Ignoring this ban carries a monetary penalty. Sections 343(g) and 362(k) of the Bankruptcy Code.

By |Published On: June 28th, 2022|Last Updated: July 28th, 2022|

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About the Author: Diane Drain

Diane L. Drain - Bankruptcy LawyerDiane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

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