Statute guide
11 U.S.C. § 362: Automatic Stay Research Guide
11 U.S.C. § 362 is the Bankruptcy Code automatic stay provision. It is often the first source to check when litigation, foreclosure, collection, or estate-property action overlaps with a bankruptcy filing.
A lawyer wants a quick but source-linked map of automatic stay research paths.
The stay can halt litigation, enforcement, collection, and estate-property actions.
Exceptions and duration rules are critical.
Relief-from-stay practice requires procedural and factual development.
What the stay does
The automatic stay generally stops actions against the debtor, enforcement of prepetition judgments, acts to obtain or control estate property, and collection of prepetition claims.
- Identify the stayed act.
- Check whether the claim is prepetition.
- Separate debtor and estate-property effects.
Exceptions and duration
The section includes exceptions and rules about how long the stay lasts. These details often decide whether a planned action is barred, allowed, or requires court permission.
- Check statutory exceptions.
- Confirm case status.
- Review repeat-filing rules when relevant.
Practical research handoff
A useful research packet should identify the proposed act, bankruptcy chapter, asset or claim involved, stay exception, and whether relief from stay is needed.
- Define the act.
- Map the exception.
- Prepare relief-from-stay authorities.
Frequently Asked Questions
Can a creditor act if it believes an exception applies?
That depends on the specific exception, facts, and local practice. Attorney review is required before taking action.