What is the scope of the automatic stay?
The scope of the “Property of the estate” protected by the automatic stay is very broad, encompassing all of the debtor's property and rights to property, and the Bankruptcy Code at 11 U.S.C. § 541 defines what is and is not property of the estate.
How long does the automatic stay remain in effect?
How Long Does an Automatic Stay Last? The automatic stay remains in effect until your case is closed.
But, of course, it isn't always that simple.
For Chapter 7, it's often the case that a stay will last the 3-5 months the court case is open.What is the code 362?
Section 362(a)(1) of the House amendment adopts the provision contained in the Senate amendment enjoining the commencement or continuation of a judicial, administrative, or other proceeding to recover a claim against the debtor that arose before the commencement of the case.
- A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing.
The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.
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