United States Code

11 U.S.C. § 342 — Notice

Section 342 sets the rules for who must be told what in a bankruptcy case. Subsection (a) requires appropriate notice of the order for relief. Subsection (b) requires the clerk to give an individual with mainly consumer debts a written notice describing chapters 7, 11, 12, and 13 and credit counseling before the case begins. Subsections (c) through (f) control the address and account number used; subsection (g) makes notice sent the wrong way ineffective until it reaches the creditor.

Bankruptcy runs on notice. Whether a creditor has to stop calling, stop garnishing, or return property can turn on whether that creditor actually received notice of your case, and at the address it asked you to use. Section 342 is the section that says how that notice has to be given and when it counts.

What notice does the court clerk give me before I file?

Subsection (b) applies before a case is commenced by an individual whose debts are primarily consumer debts. The clerk must give that person a written notice with two parts. The first is a brief description of chapters 7, 11, 12, and 13, including the general purpose, benefits, and costs of proceeding under each of them, plus a description of the types of services available from credit counseling agencies. The second part is a set of warnings: that a person who knowingly and fraudulently conceals assets, or makes a false oath or statement under penalty of perjury in connection with a case, is subject to fine, imprisonment, or both; and that all information a debtor supplies in connection with a case is subject to examination by the Attorney General. This is an information requirement placed on the clerk, not a test you have to pass. Nothing in subsection (b) tells you which chapter fits your situation — it requires that you be told the chapters exist and what examining your papers involves.

What has to be in a notice I send to a creditor?

Subsection (c)(1) covers notices the debtor is required to give a creditor, whether that requirement comes from this title, a rule, other applicable law, or a court order. Such a notice must contain the debtor's name, address, and the last four digits of the taxpayer identification number. There is one variation. If the notice concerns an amendment that adds a creditor to the schedules of assets and liabilities, the debtor includes the full taxpayer identification number in the notice sent to that added creditor, but includes only the last four digits in the copy of that notice filed with the court. The effect is that the newly added creditor gets enough to identify the account, while the version sitting in the public court file does not carry the full number. Subsection (c)(1) governs content. Where the notice has to be sent is handled separately, in the rest of subsection (c) and in subsections (e) and (f).

Why does the address on my billing statements matter?

Subsection (c)(2) turns your recent mail into an addressing rule. Under paragraph (A), if a creditor supplied you, in at least two communications sent within the 90 days before a voluntary case commenced, with your current account number and the address at which that creditor requests to receive correspondence, then any notice this title requires you to send that creditor must go to that address and must include that account number. Paragraph (B) covers the situation where sending communications during that 90-day period would put the creditor in violation of applicable nonbankruptcy law. There, the same rule attaches to the last two communications the creditor did send, so long as they supplied the current account number and the requested correspondence address. The practical point is that the address a creditor prints on its own statements can be the controlling one, and it is often not the return address on a collection letter. Saving recent statements before filing is what makes this subsection usable.

Can a creditor tell the court where to send its notices?

Yes, and there are two ways. Subsection (e) is case-specific: in a chapter 7 or chapter 13 case of an individual debtor, a creditor may at any time both file with the court and serve on the debtor a notice of address. Any notice in that case that the debtor or the court is required to provide later than seven days after both the court and the debtor receive it must go to that address. Subsection (f) is broader. An entity may file with any bankruptcy court a notice of address to be used by all bankruptcy courts, or by particular courts it specifies, for every chapter 7 and chapter 13 case pending there in which the entity is a creditor. A court notice required more than 30 days after that filing must go to the registered address, unless a different address was specified for a particular case under subsection (e). Under paragraph (3), the entity may withdraw the notice.

What happens if a creditor never actually gets the notice?

Subsection (g) addresses notice given some other way than this section requires. Under paragraph (1), such notice is not effective until it is brought to the attention of the creditor. If the creditor designates a person or an organizational subdivision to be responsible for receiving notices under this title, and establishes reasonable procedures for routing those notices there, then a notice given outside this section is not considered brought to the creditor's attention until that person or subdivision receives it. Paragraph (2) attaches a consequence. A monetary penalty may not be imposed on a creditor for violating a stay in effect under section 362(a), including a penalty under section 362(k), or for failing to comply with section 542 or 543, unless the conduct that is the basis of the violation or failure occurs after the creditor receives notice effective under this section of the order for relief. So timing and routing matter: when a creditor received effective notice is a threshold question before a monetary penalty is on the table.

When are creditors told that the presumption of abuse has arisen?

Subsection (d) applies in a chapter 7 case where the debtor is an individual and the presumption of abuse arises under section 707(b). In that situation the clerk must give written notice to all creditors, not later than 10 days after the date the petition is filed, that the presumption of abuse has arisen. This is a notice duty on the clerk and a deadline measured from the filing date. Subsection (d) does not itself decide anything about the case — it does not dismiss, convert, or determine eligibility. It says who has to be told and how quickly. What the presumption is, how it is calculated, and what follows from it are all handled by section 707(b), which is a separate section from this one. Read subsection (d) as an alert mechanism: creditors learn early that the presumption is in play, at roughly the same time they learn the case exists.

This summary is our plain-English explanation, written to help you find the right part of the text below. The section itself is the authority — where the two differ, the text controls.

Text of 11 U.S.C. § 342

Reproduced in full from the official source, verified as of July 2026. View it at the source.

(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 7 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.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 98–353, title III, §§302, 435, July 10, 1984, 98 Stat. 352, 370; Pub. L. 103–394, title II, §225, Oct. 22, 1994, 108 Stat. 4131; Pub. L. 109–8, title I, §§102(d), 104, title II, §234(b), title III, §315(a), Apr. 20, 2005, 119 Stat. 33, 35, 75, 88; Pub. L. 111–16, §2(4), May 7, 2009, 123 Stat. 1607.)

Notes and amendment history

Published by the official source alongside the section above. These notes record how the text has changed over time and the reasoning behind those changes. They are not the operative rule — the enacted text is the section itself.

Historical and Revision Notes

legislative statements

Section 342(b) and (c) of the Senate amendment are adopted in principle but moved to section 549(c), in lieu of section 342(b) of H.R. 8200 as passed by the House.

Section 342(c) of H.R. 8200 as passed by the House is deleted as a matter to be left to the Rules of Bankruptcy Procedure.

senate report no. 95–989

Subsection (a) of section 342 requires the clerk of the bankruptcy court to give notice of the order for relief. The rules will prescribe to whom the notice should be sent and in what manner notice will be given. The rules already prescribe such things, and they will continue to govern unless changed as provided in section 404(a) of the bill. Due process will certainly require notice to all creditors and equity security holders. State and Federal governmental representatives responsible for collecting taxes will also receive notice. In cases where the debtor is subject to regulation, the regulatory agency with jurisdiction will receive notice. In order to insure maximum notice to all parties in interest, the Rules will include notice by publication in appropriate cases and for appropriate issues. Other notices will be given as appropriate.

Subsections (b) and (c) [enacted as section 549(c)] are derived from section 21g of the Bankruptcy Act [section 44(g) of former title 11]. They specify that the trustee may file notice of the commencement of the case in land recording offices in order to give notice of the pendency of the case to potential transferees of the debtor's real property. Such filing is unnecessary in the county in which the bankruptcy case is commenced. If notice is properly filed, a subsequent purchaser of the property will not be a bona fide purchaser. Otherwise, a purchaser, including a purchaser at a judicial sale, that has no knowledge of the case, is not prevented from obtaining the status of a bona fide purchaser by the mere commencement of the case. "County" is defined in title 1 of the United States Code to include other political subdivisions where counties are not used.

Editorial Notes

Amendments

**2009**—Subsec. (e)(2). Pub. L. 111–16 substituted "7 days" for "5 days".

**2005**—Subsec. (b). Pub. L. 109–8, §104, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Prior to the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give written notice to such individual that indicates each chapter of this title under which such individual may proceed."

Subsec. (c). Pub. L. 109–8, §315(a)(1) designated existing provisions as par. (1), struck out ", but the failure of such notice to contain such information shall not invalidate the legal effect of such notice" after "number of the debtor", and added par. (2).

Pub. L. 109–8, §234(b), inserted "last 4 digits of the" before "taxpayer identification number" and "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." at end.

Subsec. (d). Pub. L. 109–8, §102(d), added subsec. (d).

Subsecs. (e) to (g). Pub. L. 109–8, §315(a)(2), added subsecs. (e) to (g).

**1994**—Subsec. (c). Pub. L. 103–394 added subsec. (c).

**1984**—Subsec. (a). Pub. L. 98–353, §435, amended subsec. (a) generally, inserting requirement respecting notice to any holder of a community claim.

Pub. L. 98–353, §302(1), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 98–353, §302(2), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Guides that rely on 11 U.S.C. § 342

Plain-language explanations on this site that cite this section.

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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