§ 922. Automatic stay of enforcement of claims against the debtor

Statutory text

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—

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

the enforcement of a lien on or arising out of taxes or assessments owed to the debtor.

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.

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1978
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 922
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623
1984
Pub. L. 98–353 title III § 495 · 98 Stat. 333
1. Substituted · 11 U.S.C. § 922(a)(1)
  Pub. L. 98–353 substituted “a judicial” for “judicial”
2. Substituted · 11 U.S.C. § 922(a)(1)
  Pub. L. 98–353 substituted “action or proceeding” for “proceeding”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 98–353 substituted “a judicial” for “judicial”, and “action or proceeding” for “proceeding”.
Enacted provision · exact public law section
Sec. 495. Section 922(a)(1) of title 11 of the United States Code is amended by— (1) inserting “a” before “judicial”; and (2) inserting “action or” before “proceeding”.
1988
Pub. L. 100–597 § 5 · 102 Stat. 3028
Added · 11 U.S.C. § 922(c); 11 U.S.C. § 922(d)
Pub. L. 100–597 added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 100–597 added subsecs. (c) and (d).
Enacted provision · exact public law section
SEC. 5. AUTOMATIC STAY. Section 922 of title 11, United States Code, is amended by adding at the end the following: “(c) If the debtor provides, under section 362, 364, or 922 of this Claims. 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.”.
Effective date note
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.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

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.

Editorial Notes

Amendments1984–1988 · 2 rounds

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”.

Statutory Notes and Related Subsidiaries

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.

Credits

1978–1988 · 3 acts

1978Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623
1984Pub. L. 98–353, title III, § 495, July 10, 1984, 98 Stat. 384
1988Pub. L. 100–597, § 5, Nov. 3, 1988, 102 Stat. 3029.

Show as published

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623; Pub. L. 98–353, title III, § 495, July 10, 1984, 98 Stat. 384; Pub. L. 100–597, § 5, Nov. 3, 1988, 102 Stat. 3029.)