Temple City Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 922

TITLE 11 - BANKRUPTCY
CHAPTER 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY
    SUBCHAPTER II - ADMINISTRATION

-HEAD-
    Sec. 922. Automatic stay of enforcement of claims against the
      debtor

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2623; Pub. L. 98-353, title
    III, Sec. 495, July 10, 1984, 98 Stat. 384; Pub. L. 100-597, Sec.
    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.

-End-
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