2011 US Code
Title 11 - Bankruptcy
Chapter 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY (§§ 901 - 946)
Subchapter II - ADMINISTRATION (§§ 921 - 930)
Section 922 - Automatic stay of enforcement of claims against the debtor
|Publication Title||United States Code, 2006 Edition, Supplement 5, Title 11 - BANKRUPTCY|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 11 - BANKRUPTCY |
CHAPTER 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY
SUBCHAPTER II - ADMINISTRATION
Sec. 922 - Automatic stay of enforcement of claims against the debtor
|Laws in Effect as of Date||January 3, 2012|
|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.|
|Statutes at Large References||92 Stat. 2623 |
98 Stat. 384
102 Stat. 3029
|Public Law References||Public Law 95-598, Public Law 98-353, Public Law 100-597|
(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.
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