(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) ofsection
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
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
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.
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.
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
1984—Subsec. (a)(1). Pub. L. 98–353substituted “a judicial” for “judicial”, and “action or proceeding” for “proceeding”.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–597effective Nov. 3, 1988, but not applicable to any case commenced under this title before that date, see section 12 ofPub. L. 100–597, set out as a note under section
101 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) ofPub. L. 98–353, set out as a note under section
101 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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