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In United States bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code , [ 1 ] the stay begins at the moment the bankruptcy petition is filed.
Title 4 - Flag and Seal, Seat of Government, and the States; Title 5 - Government Organization and Employees; Title 6 - Domestic Security; Title 7 - Agriculture; Title 8 - Aliens and Nationality; Title 9 - Arbitration; Title 10 - Armed Forces; Title 11 - Bankruptcy; Title 12 - Banks and Banking; Title 13 - Census; Title 14 - Coast Guard; Title ...
Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. [1]
The automatic stay in bankruptcy is the result of Section 362 of the Bankruptcy Code that requires all collection proceedings to stop. There are exceptions, of course, but generally this is the term for the "relief" from collection proceedings a debtor receives by filing the bankruptcy with the bankruptcy clerk's office.
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
Despite the automatic stay of collection efforts imposed by section 362 of the Bankruptcy Code, Lendgreen continued to request repayment of the loan provided. [ 2 ] [ 3 ] In response to this, Coughlin would move to file a motion before the Bankruptcy Court requesting an automatic stay while the Tribe opted to file a 'motion to dismiss' Coughlin ...
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Rule 81(a)(1) F.R.Civ.P. provides that the civil rules do not apply to proceedings in bankruptcy, except as they may be made applicable by rules promulgated by the Supreme Court, e.g., Part VII of these rules. This amended Bankruptcy Rule 1001 makes the Bankruptcy Rules applicable to cases and proceedings under title 11, whether before the ...