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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
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- 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.
This Note addresses what constitutes lack of equity and the meaning of necessary for an effective reorganization under section 362 (d) (2) of the Bankruptcy Code, the proper parties, timing, defenses, and the procedural and substantive components of the motion.
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.
Publication Title. United States Code, 2018 Edition, Supplement 4, Title 11 - BANKRUPTCY.
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.
