What is the effect of a stay of execution on a motion for bankruptcy under Section 303 of the Bankruptcy Code?

federal, United States of America

The following excerpt is from Smith v. Bank of N.Y. Mellon (In re Ceralde), BAP No. NV-12-1547-CoDKi, Bk. No. NV-11-24631-BTB (B.A.P. 9th Cir. 2013):

Pursuant to 362, when an involuntary bankruptcy petition is filed under 303, an automatic stay is imposed which prohibits all acts that may affect property of the bankruptcy estate. The automatic stay is designed to protect debtors from their creditors while bankruptcy proceedings are under way. Schwartz v. United States (In re Schwartz), 954 F.2d 569, 571 (9th Cir. 1992). The stay also "protect[s] creditors from the 'race of diligence,' in which those who acted first would receive payment 'in preference to and to the detriment of other

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