Search results
Results from the WOW.Com Content Network
Section 362(d) of the House amendment represents a compromise between comparable provisions in the House bill and Senate amendment. 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.
(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the c...
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.
Searchable text of the 11 USC 362 - Automatic stay (US Code), including Notes, Amendments, and Table of Authorities.
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.
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 ...
Section 362 (b) (22) was added to Section 362 and provides that there is no automatic stay of a Judgment of Eviction obtained by a Landlord against an Individual Debtor before a bankruptcy case is filed.
As Bankruptcy Code sections go, §362 is easier than most to understand: Section 362(a) lists the actions that are stayed by the bankruptcy filing; §362(b) sets forth exceptions to the automatic stay; §362(c) describes the duration of the automatic stay; §362(d) sets forth the grounds for seeking relief from the automatic stay; §362(e)
Adequate protection. When adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by—. (1) requiring the trustee to make a cash payment or periodic cash payments to such entity, to the extent that the stay under section 362 of this title ...
Two Bankruptcies Within One Year: Stay Limited to 30 Days. If you file a second bankruptcy within one year of dismissing the first, the presumption is you filed the second case in bad faith. The automatic stay will expire after only 30 days. (11 U.S.C. § 362 (c) (3)).