CHAPTER 9 ADMINISTRATION
Sub Chapter II General Provisions
Sec. 922. Automatic stay of enforcement of claims against the debtor
(a) 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--
(1) 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
(2) the enforcement of a lien on or arising out of 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) of this section the same as
such subsections apply to a stay under section 362(a) of this title.
(c) 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
(d) 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
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2623; Pub. L. 98-353, title III,
Sec. 495, July 10, 1984, 98 Stat. 384; Pub. L. 100-597, Sec. 5, Nov. 3,
1988, 102 Stat. 3029.)
Historical and Revision Notes
house report no. 95-595
The automatic stay provided under section 362 of title 11 is
incomplete for a municipality, because there is the possibility of
action by a creditor against an officer or inhabitant of the
municipality to collect taxes due the municipality. Section 85(e)(1) of
current chapter IX [section 405(e)(1) of former title 11] stays such
actions. Section 922 carries over that protection into the proposed
chapter 9. Subsection (b) applies the provisions for relief from the
stay that apply generally in section 362 to the stay under section 922.
1988--Subsecs. (c), (d). Pub. L. 100-597 added subsecs. (c) and (d).
1984--Subsec. (a)(1). Pub. L. 98-353 substituted ``a judicial'' for
``judicial'', and ``action or proceeding'' for ``proceeding''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-597 effective Nov. 3, 1988, but not
applicable to any case commenced under this title before that date, see
section 12 of Pub. L. 100-597, set out as a note under section 101 of
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
Section Referred to in Other Sections
This section is referred to in sections 106, 108 of this title.