11 U.S.C. § 362
Automatic stay
United States · Title 11 — BANKRUPTCY · Status: effective
Cite this
- Citation
- 11 U.S.C. § 362, Automatic stay, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/436781
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Full text
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of—
The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—
under subsection (a)—
of the commencement or continuation of a civil action or proceeding—
under subsection (a), of—
under subsection (a), of withholding of income from a debtor’s wages and collection of amounts withheld, under the debtor’s agreement authorizing that withholding and collection for the benefit of a pension, profit-sharing, stock bonus, or other plan established under section 401, 403, 408, 408A, 414, 457, or 501(c) of the Internal Revenue Code of 1986, that is sponsored by the employer of the debtor, or an affiliate, successor, or predecessor of such employer—
under subsection (a), of any act to enforce any lien against or security interest in real property—
under subsection (a), of—
under subsection (a)(1) of this section, of any action by—
Except as provided in subsections (d), (e), (f), and (h) of this section—
the stay of any other act under subsection (a) of this section continues until the earliest of—
if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)—
for purposes of subparagraph (B), a case is presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)—
as to all creditors, if—
a previous case under any of chapters 7, 11, and 13 in which the individual was a debtor was dismissed within such 1-year period, after the debtor failed to—
there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under chapter 7, 11, or 13 or any other reason to conclude that the later case will be concluded—
for purposes of subparagraph (B), a case is presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)—
as to all creditors if—
On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by terminating, annulling, modifying, or conditioning such stay—
with respect to a stay of an act against property under subsection (a) of this section, if—
with respect to a stay of an act against single asset real estate under subsection (a), by a creditor whose claim is secured by an interest in such real estate, unless, not later than the date that is 90 days after the entry of the order for relief (or such later date as the court may determine for cause by order entered within that 90-day period) or 30 days after the court determines that the debtor is subject to this paragraph, whichever is later—
the debtor has commenced monthly payments that—
with respect to a stay of an act against real property under subsection (a), by a creditor whose claim is secured by an interest in such real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either—
Notwithstanding paragraph (1), in a case under chapter 7, 11, or 13 in which the debtor is an individual, the stay under subsection (a) shall terminate on the date that is 60 days after a request is made by a party in interest under subsection (d), unless—
such 60-day period is extended—
In any hearing under subsection (d) or (e) of this section concerning relief from the stay of any act under subsection (a) of this section—
In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)—
Except as otherwise provided in this subsection, subsection (b)(22) shall apply on the date that is 30 days after the date on which the bankruptcy petition is filed, if the debtor files with the petition and serves upon the lessor a certification under penalty of perjury that—
If the court upholds the objection of the lessor filed under subparagraph (A)—
If a debtor, in accordance with paragraph (5), indicates on the petition that there was a judgment for possession of the residential rental property in which the debtor resides and does not file a certification under paragraph (1) or (2)—
The form of certification filed with the petition, as specified in this subsection, shall provide for the debtor to certify, and the debtor shall certify—
If the debtor cannot demonstrate to the satisfaction of the court that the situation giving rise to the lessor’s certification under paragraph (1) did not exist or has been remedied—
If the debtor fails to file, within 15 days, an objection under paragraph (2)(A)—
Except as provided in paragraph (2), subsection (a) does not apply in a case in which the debtor—
Paragraph (1) does not apply—
to the filing of a petition if—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- A bill to establish a uniform law on the subject of bankruptcies.House: no recorded tallySenate: no recorded tally
- A bill to amend title 11, United States Code, to correct technical errors, and to clarify and make substantive changes, with respect to securities and commodities.House: no recorded tallySenate: no recorded tally
- Bankruptcy Amendments and Federal Judgeship Act of 1983House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1986House: no recorded tallySenate: no recorded tally
- Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986House: no recorded tallySenate: no recorded tally
- To amend title 11 of the United States Code regarding swap agreements and forward contracts.House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1990
- Bankruptcy Reform Act of 1994House: no recorded tallySenate: no recorded tally
- Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
- Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- To complete the codification of title 46, United States Code, "Shipping", as positive law.House: no recorded tallySenate: no recorded tally
- Financial Netting Improvements Act of 2006House: no recorded tallySenate: no recorded tally
- Bankruptcy Technical Corrections Act of 2010House: no recorded tallySenate: no recorded tally
- Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020House: no recorded tallySenate: no recorded tally
- GENIUS Act