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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
Pub. L. 103–394, § 219(c), inserted at end “This subsection...
- Uscode - 11 USC 363
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.
24 Μαρ 2021 · If a creditor holding estate property seeks to use or sell the property, it may face a claim that it has willfully violated the automatic stay, for which the creditor could be subject to punitive damages under section 362(k).
Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed. This offers a bankruptcy debtor protection FROM creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay to take action against the debtor or debtor's property outside of the bankruptcy court.
10 Δεκ 2015 · When a corporation or individual files for bankruptcy protection, a self-executing “automatic stay” takes effect under Bankruptcy Code Section 362 [i] that prohibits a wide range of acts or proceedings “against the debtor” that could have been taken before the filing of the bankruptcy case.
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property. Bankruptcy Code Section 362 discusses the Automatic Stay.
In a case with significant implications for the practices of the lending industry, the Supreme Court unanimously ruled in early 2021 that a secured creditor that lawfully repossesses collateral does not have an affirmative obligation under the Bankruptcy Code’s automatic stay provisions of 11 U.S.C. §362 (a) (3) to return that property to ...
