Bankruptcy Automatic Stay Notice

NOTICE OF BANKRUPTCY FILING AND AUTOMATIC STAY

(Notice Under 11 U.S.C. Section 362)

Date: [DATE]

SEND VIA: ☐ Certified Mail, Return Receipt Requested ☐ Fax ☐ Email ☐ Multiple Methods

From:
[DEBTOR'S ATTORNEY NAME] [OR: [DEBTOR NAME], Pro Se]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[FAX]
[EMAIL]

To:
[CREDITOR/COLLECTOR NAME]
[ADDRESS]
[CITY, STATE ZIP]

Re: NOTICE OF BANKRUPTCY AND AUTOMATIC STAY
Debtor: [DEBTOR FULL LEGAL NAME]
Bankruptcy Case No.: [CASE NUMBER]
Chapter: ☐ 7 ☐ 11 ☐ 12 ☐ 13
Court: United States Bankruptcy Court, [DISTRICT] District of [STATE]
Filing Date: [DATE]
Your Reference/Account No.: [CREDITOR'S ACCOUNT NUMBER]

NOTICE OF AUTOMATIC STAY

PLEASE TAKE NOTICE that the above-named debtor has filed a voluntary petition for relief under Chapter [7/11/12/13] of the United States Bankruptcy Code on [FILING DATE].

THE AUTOMATIC STAY IS NOW IN EFFECT.

Subject to the exceptions, duration rules, prior-case rules, and orders described in 11 U.S.C. § 362, a petition filed under 11 U.S.C. § 301, § 302, or § 303 operates as a stay applicable to all entities. The stay is not a universal bar on every act involving a debtor, debt, or property. The sender must attach or identify the court's current notice and any order confirming, continuing, modifying, terminating, or granting relief from the stay.

1. WHAT THE AUTOMATIC STAY PROHIBITS

Section 362(a), except as provided by § 362(b) and other applicable provisions, stays the following categories. Mark only a category that counsel has matched to the identified act.

1.1 Collection Activity

☐ Commencing or continuing ANY judicial, administrative, or other action or proceeding against the debtor to recover a pre-petition claim

☐ Enforcing any pre-petition judgment against the debtor or the debtor's property

☐ ANY act to obtain possession of property of the estate or to exercise control over property of the estate

☐ ANY act to create, perfect, or enforce ANY lien against property of the estate

☐ ANY act to create, perfect, or enforce ANY lien against property of the debtor, to the extent such lien secures a pre-petition claim

☐ ANY act to collect, assess, or recover a pre-petition claim against the debtor

☐ Setoff of a qualifying pre-petition debt owing to the debtor against a qualifying pre-petition claim

☐ A covered United States Tax Court proceeding described in § 362(a)(8)

1.2 Specific Prohibited Actions

Do not use a generic checklist to decide the legal effect of a call, letter, lawsuit, garnishment, levy, account hold, repossession, foreclosure, eviction, utility action, setoff, credit furnishing, regulatory act, or domestic-support act. Record the act below and have bankruptcy counsel identify the exact § 362(a) category, any § 362(b) exception, the affected property, the stay's current duration, and any governing order.

2. BANKRUPTCY CASE INFORMATION

2.1 Case Details

2.2 Debtor's Attorney (if applicable)

[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]

2.3 Meeting of Creditors (341 Meeting)

☐ Scheduled for: [DATE] at [TIME]
☐ Location: [ADDRESS OR TELECONFERENCE INFORMATION]
☐ Not yet scheduled

3. CONSEQUENCES OF VIOLATING THE AUTOMATIC STAY

WARNING: Violation of the automatic stay is a serious matter with significant consequences.

3.1 Legal Effect of a Disputed Act

This universal notice does not label a disputed act "void" or "voidable." Counsel must determine the governing circuit and controlling authority, whether the stay applied, whether relief was annulled or otherwise granted, and the remedy available on the actual facts.

3.2 Damages and Sanctions

Pursuant to 11 U.S.C. Section 362(k), an individual injured by any willful violation of the automatic stay shall recover:

☐ Actual Damages: All damages caused by the violation, including costs and attorney's fees

☐ Punitive Damages: In appropriate circumstances, punitive damages may be awarded

3.3 Other Relief

Any contempt, sanctions, turnover, avoidance, injunctive, or other remedy must be supported by the authority and procedure that applies in the filing court. Section 362(k) does not itself establish every remedy that may be requested in every case.

4. YOUR PROOF OF CLAIM

4.1 How to File a Claim

Whether a proof of claim is required, permitted, already deemed filed, or subject to another rule depends on the chapter, claim, schedules, court notice, and Rules 3002 through 3005. Use the court's current notice and filing system; do not calculate a bar date from this template.

Deadline to File Proof of Claim:
☐ Bar date not yet set
☐ Bar date is: [DATE]
☐ Government claims bar date: [DATE]

Where to File:
United States Bankruptcy Court
[DISTRICT] District of [STATE]
[ADDRESS]
[WEBSITE]

☐ Electronic filing may be available at: [WEBSITE]

4.2 Proof of Claim Form

Proof of Claim forms (Official Form 410) are available at:

• www.uscourts.gov
• The Bankruptcy Court Clerk's Office

5. EXCEPTIONS TO THE AUTOMATIC STAY

Section 362(b) contains detailed exceptions. The following are issue-spotting labels only, not permission to act:

☐ Criminal proceedings against the debtor
☐ Certain domestic support obligations (child support, alimony)
☐ Certain governmental regulatory actions
☐ Certain eviction proceedings (with limitations)
☐ Certain securities regulatory actions
☐ Tax audits (but not collection)

Before relying on an exception, identify its exact paragraph, confirm every element, check any certification or timing requirement, and review the docket for an order affecting the stay.

5.1 Utility Service

Utility service is governed separately by 11 U.S.C. § 366. Subject to subsections (b) and (c), a utility may not alter, refuse, or discontinue service solely because of the bankruptcy filing or unpaid pre-order-for-relief service. Section 366(b) permits action if adequate assurance is not furnished within 20 days after the order for relief, while § 366(c) supplies separate Chapter 11 rules, including a 30-day period. Record the chapter, order-for-relief date, requested assurance, payment history, and any court order before sending a utility-specific instruction.

6. REQUEST FOR RELIEF FROM STAY

6.1 Motion for Relief from Stay

Section 362(d) permits a party in interest to request relief from the stay, including termination, annulment, modification, or conditioning. A motion under § 362(d) must comply with Fed. R. Bankr. P. 4001(a) and Rule 9014, plus the filing court's current local rules and orders.

Grounds for relief may include:

• Cause, including lack of adequate protection
• No equity in the property and property not necessary for reorganization
• Bad faith filing (in certain cases)

6.2 Court Approval Required

Do not act on the assumption that relief has been granted. Confirm whether the act is stayed, excepted, terminated by statute, or governed by an entered order, and note that Rule 4001(a)(4) ordinarily stays an order granting relief for 14 days unless the court orders otherwise.

7. TERMINATION OF STAY

Section 362(c) uses different duration rules for acts against property of the estate and for other stayed acts. It also contains special rules for certain individual debtors with dismissed cases pending during the preceding year, including circumstances in which a stay terminates after 30 days or does not arise on filing. Complete this control table from the docket and current law:

8. CONFIRMATION OF RECEIPT REQUESTED

Please confirm receipt of this Notice by:

☐ Signing and returning the enclosed confirmation form
☐ Sending written confirmation to the address above
☐ Emailing confirmation to [EMAIL]
☐ Faxing confirmation to [FAX]

This transmission is intended to document delivery of the case information. The legal effect of receipt and any later act depends on the facts, the applicable stay provision, controlling authority, and court orders. A willful stay violation injuring an individual carries the remedies stated in § 362(k), subject to that section's terms.

9. QUESTIONS AND CONTACT INFORMATION

If you have questions about this Notice or the bankruptcy case, please contact:

Debtor's Attorney:
[ATTORNEY NAME]
[PHONE]
[EMAIL]

Bankruptcy Court Clerk:
[COURT NAME]
[PHONE]
[WEBSITE]

Direct debt-related communications only as permitted by the current stay, applicable exceptions, professional-responsibility rules, and court orders.

Dated: [DATE]

_______________________________________
[SIGNATURE]

[DEBTOR'S ATTORNEY NAME]
Attorney for Debtor
[OR: [DEBTOR NAME], Pro Se Debtor]

ENCLOSURES

☐ Copy of Bankruptcy Petition (first page showing case number and filing date)
☐ Copy of Notice of Bankruptcy Case Filing (from Court)
☐ Proof of Claim Form
☐ Confirmation of Receipt Form

CONFIRMATION OF RECEIPT

Case No.: [CASE NUMBER]
Debtor: [DEBTOR NAME]
Creditor: [CREDITOR NAME]

I, on behalf of [CREDITOR NAME], hereby acknowledge receipt of the Notice of Bankruptcy Filing and Automatic Stay dated [DATE].

☐ We will immediately cease all collection activity.
☐ We have noted the bankruptcy filing in our records.
☐ We have updated the account to reflect the bankruptcy.

Signature: ___________________________________ Date: _______________

Print Name: ___________________________________

Title: ___________________________________

Company: ___________________________________

Phone: ___________________________________