11 U.S.C. § 922 — Automatic stay of enforcement of claims against the debtor
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 267 words · no verdicts yet
This section creates an additional stay when a petition is filed under the chapter. It identifies covered enforcement actions, applies specified section 362 rules, allows certain administrative expenses, and preserves payment of debt from pledged special revenues.
(a) A petition under this chapter creates a stay, in addition to the stay under section 362 of this title, that applies to every entity* and stops—
(1) starting or continuing, including issuing or using legal process, a judicial, administrative, or other action or proceeding against an officer or inhabitant of the debtor* that seeks to enforce a claim* against the debtor; and
(2) enforcing a lien on, or arising from, taxes or assessments owed to the debtor.
(b) Subsections (c), (d), (e), (f), and (g) of section 362 of this title apply to a stay under subsection (a) in the same way they apply to a stay under section 362(a).
(c) If the debtor provides adequate protection under section 362, 364, or 922 of this title for the interest of a holder of a claim secured by a lien on the debtor’s property, but the creditor* nevertheless has a claim arising from the stay of action against that property under section 362 or 922, or from granting a lien under section 364(d), that claim is allowed as an administrative expense under section 503(b) of this title.
(d) Despite section 362 and subsection (a), a petition under this chapter does not stay applying pledged special revenues, in a way consistent with section 927 of this title, to debt* secured by those revenues. This section does not define “adequate protection” or “pledged special revenues.”
A petition filed under this chapter operates as a stay, in addition to the stay provided by section 362 of this title, applicable to all entities, of—
the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against an officer or inhabitant of the debtor* that seeks to enforce a claim* against the debtor; and
the enforcement of a lien on or arising out of taxes or assessments owed to the debtor.
Subsections (c), (d), (e), (f), and (g) of section 362 of this title apply to a stay under subsection (a) of this section the same as such subsections apply to a stay under section 362(a) of this title.
If the debtor provides, under section 362, 364, or 922 of this title, adequate protection of the interest of the holder of a claim secured by a lien on property of the debtor and if, notwithstanding such protection such creditor* has a claim arising from the stay of action against such property under section 362 or 922 of this title or from the granting of a lien under section 364(d) of this title, then such claim shall be allowable as an administrative expense under section 503(b) of this title.
Notwithstanding section 362 of this title and subsection (a) of this section, a petition filed under this chapter does not operate as a stay of application of pledged special revenues in a manner consistent with section 927 of this title to payment of indebtedness secured by such revenues.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623; Pub. L. 98–353, title III, § 495, July 10, 1984, 98 Stat. 384; Pub. L. 100–597, § 5, Nov. 3, 1988, 102 Stat. 3029.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2623
- 1984Amended · Pub. L. 98-353 · 98 Stat. 384
- 1988Amended · Pub. L. 100-597 · 102 Stat. 3029
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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