6-29/108.10 Commencement of Automatic Stay



At the time of filing of a petition in bankruptcy, an automatic stay is created and is applicable to all entities, of (11 USC 362(a); In Re Kleitz 6 BR 214):

  1. the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;
  2. the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title;
  3. any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate;
  4. any act to create, perfect, or enforce any lien against property of the estate;
  5. any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title;
  6. any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title;
  7. the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and
  8. the commencement or continuation of a proceeding before the United States Tax Court concerning a tax liability of a debtor that is a corporation for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the date of the order for relief under this title.