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Under section 362(d)(1) of the House amendment, the court may terminate, annul, modify, or condition the automatic stay for cause, including lack of adequate protection of an interest in property of a secured party. It is anticipated that the Rules of Bankruptcy Procedure will provide that those hearings will receive priority on the calendar.
- Uscode - 11 USC 363
“The amendments made by this section [amending this section...
- Uscode - 11 USC 363
Section 5001(b) of Pub. L. 99–509 provided that: "The amendments made by subsection (a) of this section [amending this section] shall apply only to petitions filed under section 362 of title 11, United States Code, which are made after August 1, 1986." Effective Date of 1984 Amendment
1 Ιαν 2024 · Bankruptcy § 362. Automatic stay on Westlaw. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A Practice Note discussing motions for relief from the automatic stay of actions against single asset real estate debtors and actions involving prospective or in rem relief under sections 362 (d) (3) and (d) (4), respectively, of the Bankruptcy Code.
25 Ιουν 2014 · If a creditor believes that it is entitled to relief from the automatic stay, it can obtain stay relief by filing a motion under Section 362(d) of the Bankruptcy Code, which initiates a contested matter before the bankruptcy court.
23 Σεπ 2024 · Section 362 (a) provides a broad list of activities that are immediately stayed by the filing of a bankruptcy case. Section 362 (a) generally prohibits taking most adverse actions against the debtor without first requesting that the bankruptcy court grant relief from the automatic stay.
Contained Within. Title 11 - BANKRUPTCY. CHAPTER 3 - CASE ADMINISTRATION. SUBCHAPTER IV - ADMINISTRATIVE POWERS. Sec. 362 - Automatic stay.
