How does the automatic stay under the bankruptcy code apply in this case?

MultiRegion, United States of America

The following excerpt is from Daff v. Good (In re Swintek), 906 F.3d 1100 (9th Cir. 2018):

the bankruptcy code: the automatic stay under 11 U.S.C. 362(a) and the tolling provision under 108(c). Under 362(a), the filing of a bankruptcy petition automatically triggers a stay "of actions by all entities to collect or recover on claims" against the debtor. Burton v. Infinity Capital Mgmt ., 862 F.3d 740, 746 (9th Cir. 2017). The stay "is designed to provide breathing space to the debtor, prevent harassment of the debtor, assure that all claims against the debtor will be brought in the sole forum of the bankruptcy court, and protect creditors as a class from the possibility that one or more creditors will obtain payment to the detriment of others." Id . The stay's scope is "quite broad" and "applies to almost any type of formal or informal action against the debtor or property of the estate." Id . at 74647 (internal quotation marks and citations omitted). The statute enumerates several types of actions within the stay's scope that are relevant to this case:

11 U.S.C. 362(a) (emphasis added).

Other Questions


Is the bankruptcy court's interpretation of the Bankruptcy Code relevant to a debtor in a personal injury case? (federal, United States of America)
In a personal injury case, in what circumstances will a debtor be discharged from bankruptcy under the Bankruptcy Code? (MultiRegion, United States of America)
Does the bankruptcy court have to apply a special evidentiary standard to determine whether a debtor has been successful in bankruptcy? (MultiRegion, United States of America)
Does the law of case doctrine or the rule of mandate apply in social security cases when there is a federal court remand? (MultiRegion, United States of America)
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
Does the automatic stay of Section 362(a) of the Bankruptcy Code apply to the debtor? (federal, United States of America)
Does the fact that bankruptcy has intervened in the present case affect our determination that bankruptcy is not a cause of action? (MultiRegion, United States of America)
How have courts interpreted the meaning of the bankruptcy code in bankruptcy cases? (MultiRegion, United States of America)
What is the test for determining who has administrative priority in a Bankruptcy Court case where a plaintiff is seeking to claim unpaid wages for services provided after the commencement of the case? (MultiRegion, United States of America)
Does the automatic stay provision of Section 362 of the Bankruptcy Code apply only to the commencement or continuation of an action or proceeding against the debtor? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.