To amend the provision relating to fair notice given to creditors.

1. Rewrites page 167, line 3 through page 169, line 25

   ReplacesPrinted page

   Removes page 167, line 3 through page 169, line 25 of the printed bill. See that page

   Inserted: (a) Notice.--Section 342 of title 11, United States Code, is amended--

   Inserted: (1) in subsection (c), by adding before the period at the end the following: "unless the creditor cannot with reasonable effort identify the account to which the notice applies without the information required by this subsection"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(e) At any time in a case under chapter 7 or 13 concerning an individual debtor, a creditor may file with the court and serve on the debtor a notice of the address to be used for service of notice on the creditor in that case. Beginning 10 days after the creditor files and serves the notice, any notice that the court or the debtor is required to give shall be given at the address contained in the creditor's notice of address.

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(3) In any case filed under chapter 7 or 13, any notice required to be provided by any party in interest with respect to which a notice is filed under paragraph (1), to such entity later than 120 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).

   Inserted: "(4) A notice filed under paragraph (1) may be withdrawn by such entity.

   Inserted: "(g)(1) Notice given to a creditor other than as provided in this section is not effective until that notice has been brought to the attention of the creditor. If the creditor designates a person or department to be responsible for receiving notices concerning bankruptcy cases by a filing in accordance with subsection (d) or (e) and establishes reasonable procedures so that bankruptcy notices received by the creditor are actually delivered to the person or department, notice is not considered to have been brought to the attention of the creditor until that person or department receives the notice.

   Inserted: "(2) The court may not impose either a sanction under section 362(h) or a sanction that a court may otherwise impose on account of a violation of the stay under section 362(a) or a failure to comply with section 542 or 543 on account of any action of the creditor unless the action occurs after the creditor has received either notice of the commencement of the case effective under this section or other actual notice reasonably calculated to come to the attention of the creditor, the creditor's attorney, the creditor's agent taking the action, or other appropriate person.".

   Original wording

   Beginning on page 167, strike line 3 and all that follows through page 169, line 25, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed