Section 5.41 Other Miscellaneous Exempted Actions

LibraryBankruptcy Practice (2007 Ed. + 2015 Cum Supp)

Q. (§5.41) Other Miscellaneous Exempted Actions

BAPCPA added ten additional categories of actions exempted from the protections of the automatic stay. See 11 U.S.C. § 362(b)(19)–(28). Among them are:

certain acts to enforce liens against real property, § 362(b)(20) and (21); residential evictions based on drug activity, § 362(b)(23); transfers not avoidable under 11 U.S.C. §§ 544 and 549, § 362(b)(24); securities investigations against the debtor, § 362(b)(25); and the government’s exclusion of the debtor from participation in Medicare or other federal healthcare programs, § 362(b)(28).

The stay also does not apply to the enforcement of a residential eviction judgment entered prepetition. Section 362(b)(22); see also § 362(l). But this remedy is not available to a landlord for 30 days postpetition if the debtor files with the petition and serves on the landlord a certification that circumstances exist under nonbankruptcy law that permit the debtor to cure the default and...

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