South Jersey Laws

Effect of Filing on Collection Efforts
and Other Proceedings

Automatic Stay - 11 U.S.C. Section 362

     The filing of a bankruptcy petition stops all collection efforts of the debtor’s creditors and all legal proceedings against the debtor under what is called an Automatic Stay. The court mails notices to all the debtor’s creditors stating that the debtor is in bankruptcy and an automatic stay is in effect. If the creditor violates the automatic stay, the creditor may be held in contempt of court and be liable for any damages caused to the debtor.

The automatic stay stops the following acts or actions and is applicable to all entities:

  • The start of or continuation of any judicial, administrative or other proceeding against the debtor that was or could have been started before the beginning of the bankruptcy case or to recover a claim against the debtor that arose before the beginning of the bankruptcy case.
  • The enforcement of any judgment obtained before the start of the bankruptcy case against the debtor or against the property of the bankruptcy estate.
  • Any act to obtain possession of property of the bankruptcy estate or exercise any control over the property of the bankruptcy estate.
  • Any act to collect, assess or recover a claim against the debtor that arose before the start of the bankruptcy case.
  • The setoff of any debt owed to the debtor that arose before the commencement of the bankruptcy case.
  • The start of or continuation of any proceeding before the United States Tax Court concerning the debtor.


The automatic stay does not stop the following acts or actions:

  • The start of or continuation of a criminal action or proceeding against the debtor.
  • The start of or continuation of a paternity proceeding against the debtor.
  • The start of or continuation of a proceeding to establish or modify an order for alimony, maintenance, or support.
  • Collection of alimony, maintenance or support from property that is not property of the estate.
  • Any act to perfect an interest in property to the extent the trustee’s rights and powers are subject to such perfection.
  • The start of or continuation of actions or proceedings of governmental units to enforce police or regulatory powers.
  • Enforcement of a judgment, other than a money judgment obtained by a governmental unit to enforce its police or regulatory powers.
  • Setoffs of certain debts and claims which deal with commodity contracts, forward contract or securities contracts.
  • Setoff of repo participant of certain debts and claims dealing with repurchase agreements.
  • Actions by the Secretary of Housing and Urban Development to foreclose certain mortgages.
  • Actions by governmental unit such as an audit to determine tax liability, notification of debtor of a tax deficiency, demand for tax returns or making tax assessments.
  • Actions of lessor under an expired lease of nonresidential real estate to obtain possession of the property from the debtor.
  • Presentment of a negotiable instrument and notice of and protesting dishonor of such instrument.
  • Creation or perfection of a statutory lien for property taxes imposed by political subdivision of a state if tax comes due after filing of the bankruptcy case.
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