11 U.S.C. §362 — Automatic stay
11 U.S.C. §362 imposes the automatic stay upon the filing of a bankruptcy petition under §§301, 302, or 303; defines exceptions to the stay; sets the standards and procedures for relief from stay; and provides remedies for willful violation. For mortgage servicers, §362 is the load-bearing federal constraint on collection, foreclosure, and lien-enforcement activity once a borrower files for bankruptcy.
Verbatim regulatory text
Verbatim provisions from 11 U.S.C. §362 — Automatic stay — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
11 U.S.C. §362(a) — Automatic stay scope
(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—
11 U.S.C. §362(a)(4) — Stay of lien-perfection against estate property
any act to create, perfect, or enforce any lien against property of the estate;
11 U.S.C. §362(a)(6) — Stay of pre-petition collection acts
any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title;
11 U.S.C. §362(d) — Relief from stay
(d) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by terminating, annulling, modifying, or conditioning such stay—
11 U.S.C. §362(k)(1) — Damages for willful violation of automatic stay
Except as provided in paragraph (2), an individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.
11 U.S.C. §362(a) — Automatic stay scope — enumerated items (chapeau recall fix)
(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and (8) the commencement or continuation of a proceeding before the United States Tax Court concerning a tax liability of a debtor that is a corporation for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the date of the order for relief under this title.
11 U.S.C. §362(d) — Relief from stay — enumerated items (chapeau recall fix)
(1) for cause, including the lack of adequate protection of an interest in property of such party in interest; (2) with respect to a stay of an act against property under subsection