Αποτελέσματα Αναζήτησης
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
Please help us improve our site! Support Us! Search. About...
- Uscode - 11 USC 363
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.
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-. (1) the commencement or continuation, including the ...
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.
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.
Official Publications from the U.S. Government Publishing Office. Public Law 89-329, Public Law 95-598, Public Law 97-222, Public Law 98-353, Public Law 99-353, Public Law 99-509, Public Law 99-554, Public Law 101-311, Public Law 101-508, Public Law 102-325, Public Law 103-394, Public Law 105-277, Public Law 109-8, Public Law 109-304, Public Law 109-390, Public Law 111-327, Public Law 116-189
11 Μαΐ 2000 · Under section 362(a) of the Bankruptcy Code, immediately upon the filing of its bankruptcy petition, a debtor receives the protection of the automatic stay, which, among other things, operates to prevent secured creditors from enforcing liens against the debtor’s estate.
