Section 362 Of The Bankruptcy Code

Amendment by section 2120 b of pub.

Section 362 of the bankruptcy code. United states bankruptcy code 2019 edition. Home chapter 3 case administration sections 301 to 366 subchapter iv administrative powers section 362 automatic stay. This section is intended to solve the problem of real property mortgage foreclosures of property where the bankruptcy petition is filed on the eve of foreclosure.

The latter requirement is contained in section 362 d 2. 94 455 set out as a note under section 118 of this title. Effective date of 1968 amendment.

Section 362 automatic stay a. 94 455 applicable to contributions made after jan. In order to insure that those hearings will in fact occur within such 30 day period it is anticipated that the rules of bankruptcy procedure provide that such final hearings receive priority on the court calendar section 362 g places the burden of proof on the issue of the debtor s equity in collateral on the party requesting relief from the automatic stay and the burden on other issues on the debtor an amendment has been made to section 362 b to permit the secretary of the department of.

The automatic stay under section 362 of the bankruptcy code protects debtors from ongoing collection efforts during the pendency of the bankruptcy case against property included in the bankruptcy estate.