11 Usc Section 362 A

This section gives debtors protection from a cut off of service by a utility because of the filing of a bankruptcy case.

11 usc section 362 a. Read the code on findlaw. 1 the commencement or continuation including the issuance or employment of process of a judicial administrative or other action or. Legislative statements section 362 a 1 of the house amendment adopts the provision contained in the senate amendment enjoining the commencement or continuation of a judicial administrative or other proceeding to recover a claim against the debtor that arose before the commencement of the case.

205 on the date of enactment of this act nov. A except as provided in subsection b of this section a petition filed under section 301 302 or 303 of this title or an application filed under section 5 a 3 of the securities investor protection act of 1970 operates as a stay applicable to all entities of. The stay under section 362 and the injunction under section 524 a 2 shall not be violated by notification of the debtor and negotiation of cure under this subsection.

Thus one spouse cannot take the other into bankruptcy without the other s knowledge or consent. This section is intended to cover utilities that have some special position with respect to the debtor such as an electric company gas supplier or telephone company that is a monopoly in the area so that the debtor cannot easily obtain comparable service from another utility. A except as provided in subsection b of this section a petition filed under section 301 302 or 303of this title or an application filed under section 5 a 3 of the securities investor protection act of 1970 operates as a stay applicable to all entities of.

Bankruptcy 11 usca section 362. 6 1978 in which the trustee has not filed a. Section 302 specifies that a joint case is commenced by the filing of a petition under an appropriate chapter by an individual and that individual s spouse.

Notwithstanding subsection a of this section sections 1165 1167 1168 1169 and 1171 of title 11 of the united states code as enacted by section 101 of this act apply to cases pending under section 77 of the bankruptcy act former 11 u s c. Section 362 a 1 of the house amendment adopts the provision contained in the senate amendment enjoining the commencement or continuation of a judicial administrative or other proceeding to recover a claim against the debtor that arose before the commencement of the case. 362 automatic stay.