Does the automatic stay provisions of section 362 apply to the debtor, the debtor's property and the property of the bankruptcy estate?

California, United States of America


The following excerpt is from Raczynski v. Judge, 186 Cal.App.3d 504, 230 Cal.Rptr. 741 (Cal. App. 1986):

[186 Cal.App.3d 511] The automatic stay provisions of section 362 apply to proceedings against the debtor, the debtor's property and the property of the bankruptcy estate. (Foulke v. Lavelle (1982) 308 Pa.Super. 131, 454 A.2d 56, 59.) "Upon the filing of a petition all of the debtor's property becomes property of the estate. The scope of the property defined by section 541 [of title 11, U.S.C.] to be property of the estate is broad; in general, all interests of a debtor, both legal and equitable, are property of the estate. [Citation.] The underlying theory of the section 'is to bring into the estate all interests of the debtor in property as of the date the case is commenced. Thus, as a general rule, the estate created under section 541 will include all legal or equitable interests of the debtor in property, both tangible and intangible, including exempt property....' [Citations.]" (Matter of Jones (7th Cir.1985) 768 F.2d 923, 926; original emphasis.) Whether the debtor has an interest in property and, if he does, the nature of that interest, generally requires resort to state law, both to determine whether property is an asset of the debtor and thus included in the bankruptcy estate, and to determine the nature of the

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