Document text
Notice of Bankruptcy Filing and Automatic Stay — Letter to a Creditor or Debt Collector
[YOUR FULL NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Phone: [PHONE NUMBER] · Email: [EMAIL]
[CREDITOR OR COLLECTION AGENCY NAME]
Attn: [BANKRUPTCY DEPARTMENT / COLLECTIONS]
[CREDITOR'S ADDRESS]
[DATE]
Sent by: [CERTIFIED MAIL NUMBER / EMAIL TO …]
Re: Notice of bankruptcy filing — account [ACCOUNT NUMBER OR REFERENCE], [ORIGINAL CREDITOR IF DIFFERENT]
Dear Sir or Madam,
I am writing to notify you that on [FILING DATE] I filed a voluntary petition under chapter [7 / 13] of the Bankruptcy Code.
Debtor [YOUR FULL NAME AS ON THE PETITION]
Last 4 digits of SSN [LAST 4 DIGITS]
Court United States Bankruptcy Court for the [DISTRICT]
Case number [CASE NUMBER]
Date filed [FILING DATE]
Your account [ACCOUNT NUMBER], balance claimed [$ AMOUNT]
1. The automatic stay applies to this debt
Under 11 U.S.C. 362(a), the filing of my petition operates as a stay of, among other things, any act to collect, assess or recover a claim against me that arose before the case began, the start or continuation of any lawsuit, and the enforcement of any judgment against me or my property. The stay took effect on the filing date without any court order.
2. What I ask you to do immediately
Stop all collection activity on this account, including calls, letters, emails, text messages and credit-related demands for payment.
Stop or pause any lawsuit, judgment enforcement, wage garnishment, bank levy or repossession relating to this debt. [IF A GARNISHMENT OR LEVY IS IN PLACE: Please take the steps needed to stop the [GARNISHMENT / LEVY] ordered in [COURT, CASE NUMBER], served on [EMPLOYER OR BANK].]
Pass this notice to any collection agency, attorney or debt buyer acting for you on this account.
Direct any further communication about this debt to me in writing at the address above [OR TO MY ATTORNEY, IF I RETAIN ONE].
I have [LISTED / WILL LIST] this debt in my schedules, and the bankruptcy court clerk will send the official notice of the case to the creditors listed. This letter is to make sure you know about the case now.
3. Willful violations
Under 11 U.S.C. 362(k), an individual injured by a willful violation of the stay may recover actual damages, including costs and attorneys' fees, and in appropriate circumstances punitive damages. I will keep a record of any contact after the date of this letter.
Sincerely,
____________________
[YOUR FULL NAME]
Enclosed: [COPY OF THE FIRST PAGE OF THE PETITION OR THE COURT'S NOTICE OF FILING]
For me
[ ] Case number and filing date checked against the court's notice
[ ] Letter sent on [DATE] by [CERTIFIED MAIL / EMAIL], copy kept
[ ] Contacts after the letter logged: [DATE, WHO, HOW]
[ ] Previous case dismissed in the last year? Stay may end on day 30: [DATE]