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The latter requirement is contained in section 362(d)(2). This section is intended to solve the problem of real property mortgage foreclosures of property where the bankruptcy petition is filed on the eve of foreclosure.
- Uscode - 11 USC 363
“The amendments made by this section [amending this section...
- Uscode - 11 USC 363
1 Ιαν 2024 · Bankruptcy § 362. Automatic stay. Current as of January 01, 2024 | Updated by FindLaw Staff.
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
§ 362. Automatic stay. (a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5 (a) (3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of—
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.
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.
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.
