NOTICE OF BANKRUPTCY FILING AND AUTOMATIC STAY

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

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Date: [DATE]

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

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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]

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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.

Pursuant to 11 U.S.C. Section 362, the filing of the bankruptcy petition operates as an automatic stay of any and all collection activity against the debtor or the debtor's property.

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1. WHAT THE AUTOMATIC STAY PROHIBITS

The automatic stay prohibits you from taking ANY of the following actions:

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

1.2 Specific Prohibited Actions

You must immediately STOP:

☐ Collection Calls: Do not call the debtor regarding any pre-petition debt
☐ Collection Letters: Do not send any letters demanding payment
☐ Lawsuits: Do not file any new lawsuits against the debtor
☐ Pending Litigation: Do not take any further action in pending litigation
☐ Wage Garnishment: Immediately cease any wage garnishment
☐ Bank Levy: Release any frozen funds from pre-petition levies
☐ Repossession: Do not repossess any property
☐ Foreclosure: Stay any foreclosure proceedings
☐ Utility Disconnection: Do not disconnect utilities for pre-petition debt (first 20 days)
☐ Credit Reporting: Do not report the debt as delinquent while the stay is in effect (report as "included in bankruptcy" or similar)
☐ Any Other Collection Action: Cease ALL collection activity

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2. BANKRUPTCY CASE INFORMATION

2.1 Case Details

Field	Information
Debtor Name	[DEBTOR FULL LEGAL NAME]
Case Number	[CASE NUMBER]
Chapter	[7 / 11 / 12 / 13]
Court	U.S. Bankruptcy Court, [DISTRICT] District of [STATE]
Filing Date	[DATE]
Judge	[JUDGE NAME, if assigned]
Trustee	[TRUSTEE NAME, if assigned]

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

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3. CONSEQUENCES OF VIOLATING THE AUTOMATIC STAY

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

3.1 Actions Taken in Violation Are Void

Any action taken in violation of the automatic stay is VOID as a matter of law. This includes:

• Judgments entered after the petition date
• Garnishments processed after the petition date
• Liens filed after the petition date
• Any other collection action

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 Contempt of Court

Violation of the automatic stay may also constitute contempt of the Bankruptcy Court, subjecting the violator to:

☐ Additional sanctions
☐ Fines
☐ Other penalties as the Court may impose

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4. YOUR PROOF OF CLAIM

4.1 How to File a Claim

If you believe you are owed money by the debtor, you may file a Proof of Claim with the Bankruptcy Court.

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

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5. EXCEPTIONS TO THE AUTOMATIC STAY

Certain actions are NOT stayed by the bankruptcy filing. These include, but are not limited to:

☐ 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)

If you believe an exception applies to your claim, consult with a bankruptcy attorney before taking any action.

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6. REQUEST FOR RELIEF FROM STAY

6.1 Motion for Relief from Stay

If you believe you are entitled to relief from the automatic stay, you must file a motion with the Bankruptcy Court pursuant to 11 U.S.C. Section 362(d).

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

You may NOT take any collection action without first obtaining an order from the Bankruptcy Court granting relief from the automatic stay.

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7. TERMINATION OF STAY

The automatic stay will terminate:

☐ Upon discharge of the debtor
☐ Upon dismissal of the bankruptcy case
☐ Upon closing of the bankruptcy case
☐ As to specific property, upon abandonment of that property
☐ As to specific creditors, upon an order granting relief from stay
☐ Other circumstances as provided by 11 U.S.C. Section 362(c)

You will receive notice of case closing, dismissal, or discharge from the Bankruptcy Court.

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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]

Regardless of whether you confirm receipt, you are now on notice of the bankruptcy filing and automatic stay. Further collection activity may result in damages and sanctions.

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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]

DO NOT CONTACT THE DEBTOR DIRECTLY REGARDING ANY DEBT.

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Dated: [DATE]

_______________________________________
[SIGNATURE]

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

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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

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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: ___________________________________

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[// GUIDANCE:

INSTRUCTIONS FOR DEBTOR/DEBTOR'S COUNSEL:

1. SEND IMMEDIATELY: Send this notice to all creditors as soon as possible after filing.

2. MULTIPLE METHODS: Consider sending by multiple methods (mail, fax, email) for important creditors or those actively collecting.

3. KEEP PROOF: Keep proof of mailing/sending for all notices. This may be important if a creditor claims they did not receive notice.

4. FOLLOW UP: If a creditor continues collection activity after receiving this notice, document the violations and consider filing a motion for damages under 11 U.S.C. Section 362(k).

5. UPDATE RECORDS: Keep a log of all creditors notified and the date of notification.

IF CREDITOR VIOLATES THE STAY:

• Document the violation (date, type of contact, what was said)
• Notify the debtor's attorney immediately
• The attorney may file a motion for contempt and damages
• Violations are taken seriously by bankruptcy courts

LIMITATIONS OF AUTOMATIC STAY:

• The stay does not affect co-debtors in Chapter 7 cases (creditors can pursue co-signers)
• In Chapter 13, there is a co-debtor stay for consumer debts (11 U.S.C. Section 1301)
• Repeat filers may have limited or no automatic stay (11 U.S.C. Section 362(c)(3)-(4))]