The suggestion of bankruptcy is usually filed in state court by the debtor to put the court on notice of the pending bankruptcy and the automatic stay; however, the creditor may choose to file a suggestion of bankruptcy to make the court aware of the stay. There is no requirement that the bankruptcy trustee be served with a copy of the suggestion of bankruptcy, but the preferred practice is to serve the bankruptcy trustee.
Warning: The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2 in this chapter.
[Caption of the state court lawsuit or other proceeding in which the suggestion of bankruptcy will be filed.]
Suggestion of Bankruptcy
[Name of party], [Defendant/Plaintiff], files this suggestion of bankruptcy and notice of the automatic stay imposed by 11 U.S.C. § 362 and states:
On [date bankruptcy petition was filed], [name of debtor], Debtor, filed a petition for relief under Chapter [7/11/13] of the United States Bankruptcy Code (Title 11) in Case No. [number], currently pending in the United States Bankruptcy Court for the [district number] District of Texas, [division number] Division.
[Defendant/Plaintiff] prays that [Defendant/Plaintiff] and this Court take notice of this bankruptcy filing and of the automatic stay of 11 U.S.C. § 362.
Dated: ________________________________.
[Name]
Attorney for [name of client]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
|
Include a certificate of service (form 19-1). Send a copy of the suggestion of bankruptcy to all parties in the state court action. |