Chapter 5 Stays

Index

Section 5.1 Purpose
Section 5.2 Scope and Construction
Section 5.3 Duration
Section 5.4 Acts Against Property of the Estate
Section 5.5 Other Acts
Section 5.6 All Writs Statute
Section 5.7 Protection of Third Parties
Section 5.8 Protection of Debtor
Section 5.9 Extensions of Deadlines Within a Bankruptcy Proceeding
Section 5.10 Extensions of Time
Section 5.11 Utilities
Section 5.12 Protection Against Discriminatory Treatment
Section 5.13 Codebtor Stays
Section 5.14 Stays Pending Appeal
Section 5.15 Enforcement of Claims Against Municipal Debtors
Section 5.16 Introduction
Section 5.17 Commencement of Litigation
Section 5.18 Against the Debtor
Section 5.19 Before Commencement of Case
Section 5.20 Collection of Judgments
Section 5.21 Actions Affecting Property of the Estate
Section 5.22 Setoff
Section 5.23 Other Actions
Section 5.24 Exclusions From the Automatic Stay
Section 5.25 Criminal Proceedings Against the Debtor
Section 5.26 Various Actions Relating to Domestic Relations
Section 5.27 Retroactive Perfection of Security Interest and Statutory Liens Under 11 U.S.C. § 546(b)
Section 5.28 Enforcement of Governmental Unit’s Police or Regulatory Powers
Section 5.29 Setoffs by Certain Entities of Mutual Debts and Other Claims
Section 5.30 Setoffs by Repo Participants
Section 5.31 Actions by the Secretary of Housing and Urban Development
Section 5.32 Issuance of Tax Deficiency Notice by Governmental Unit
Section 5.33 Action by Lessor to Obtain Possession of Nonresidential Real Property Once the Stated Term of the Lease Has Expired
Section 5.34 Presentment and Notice of Dishonor
Section 5.35 Interests in Aircraft, Marine Vessels, or Rolling Stock
Section 5.36 Action by Accrediting Agency of Educational Institution
Section 5.37 Licensure as Educational Institution
Section 5.38 Actions by Guaranty Agency Under Higher Education Act
Section 5.39 Setoff by a Swap or Financial Participant
Section 5.40 Ad Valorem Property Tax Coming Due Postpetition
Section 5.41 Other Miscellaneous Exempted Actions
Section 5.42 Generally
Section 5.43 For Cause
Section 5.44 Debtor as a “Fiduciary”
Section 5.45 Divorce and Child Custody
Section 5.46 Lawsuits Against Insured Debtors
Section 5.47 Failure to Pay Mortgage
Section 5.48 Abuse of Property
Section 5.49 Bad Faith
Section 5.50 Nature of Creditor
Section 5.51 Setoff and the Administrative Freeze
Section 5.52 Prepetition Cases Against a Debtor
Section 5.53 Unscheduled Creditor
Section 5.54 Single Asset Real Estate
Section 5.55 Waiver of Automatic Stay
Section 5.56 Lack of Adequate Protection
Section 5.57 Lack of Equity in Property; Property Not Necessary to an Effective Reorganization
Section 5.58 Scope and Effect of Relief and the Ten-Day Stay Period Following Relief
Section 5.59 Motion
Section 5.60 Hearing
Section 5.61 Counterclaims and Offsets by Debtor
Section 5.62 Other Sections of the Bankruptcy Code
Section 5.63 Burden of Proof
Section 5.64 Relief Under 11 U.S.C. § 362(d)(1)
Section 5.65 Relief Under 11 U.S.C. § 362(d)(2)
Section 5.66 Creditor’s Burden—Act Against Property
Section 5.67 Debtor’s Burden—Act Against Property
Section 5.68 Appeals
Section 5.69 Ex Parte Relief
Section 5.70 Effect of Acts in Violation of the Stay
Section 5.71 Contempt
Section 5.72 Recovery of Damages
Section 5.73 Actual Damages
Section 5.74 Punitive Damages