11-U.S.C.-922
§922 – Automatic Stay of Enforcement of Claims Against The Debtor
Pathway
Title 11 > Chapter 9 > Subchapter II > Section 922
Details
- Reference: Section 922
- Legend: §922 – Automatic Stay of Enforcement of Claims Against The Debtor
- USCode Year: 2013
Provision Content
(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, §495, July 10, 1984, 98 Stat. 384; Pub. L. 100–597, §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.
U.S. Encyclopedia of Law Coverage
11-U.S.C.-783 in the Legal Encyclopedia: Bankruptcy
In this entry about 11-U.S.C.-783, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.
11-U.S.C.-901 in the Legal Encyclopedia: Adjustment of Debts
In this entry about 11-U.S.C.-901, find legal reference material, bibliographies and premiere content related to adjustment of debts in the American Encyclopedia of Law, presenting a comprehensive view of the United States adjustment of debts-specific issues, written by authorities in the field.
Leave a Reply