Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

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 
this title.
    (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 
such revenues.

(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.


                               Amendments

    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 
this title.


                    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.



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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software