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§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- (1) the commencement or continuation, including the issuance or employment of process, of a judicial ...
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.
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.
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.
Contained Within. Title 11 - BANKRUPTCY. CHAPTER 3 - CASE ADMINISTRATION. SUBCHAPTER IV - ADMINISTRATIVE POWERS. Sec. 362 - Automatic stay.
