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Consumer Bankruptcy Law and Practice: Section 362(c)

(c) Except as provided in subsections (d), (e), (f), and (h) of this section—

(1) the stay of an act against property of the estate under subsection (a) of this section continues until such property is no longer property of the estate;

(2) the stay of any other act under subsection (a) of this section continues until the earliest of—

(A) the time the case is closed;

Consumer Bankruptcy Law and Practice: Section 362(d)

(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—

(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 (a) of this section, if—

Consumer Bankruptcy Law and Practice: Sections 362(e) through 362(k)

(e)(1) Thirty days after a request under subsection (d) of this section for relief from the stay of any act against property of the estate under subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the court, after notice and a hearing, orders such stay continued in effect pending the conclusion of, or as a result of, a final hearing and determination under subsection (d) of this section.

Consumer Bankruptcy Law and Practice: Section 362(l)

(l)(1) Except as otherwise provided in this subsection, subsection (b)(22) shall apply on the date that is 30 days after the date on which the bankruptcy petition is filed, if the debtor files with the petition and serves upon the lessor a certification under penalty of perjury that—

Consumer Bankruptcy Law and Practice: Sections 362(m) through 362(o)

(m)(1) Except as otherwise provided in this subsection, subsection (b)(23) shall apply on the date that is 15 days after the date on which the lessor files and serves a certification described in subsection (b)(23).

(2)(A) If the debtor files with the court an objection to the truth or legal sufficiency of the certification described in subsection (b)(23) and serves such objection upon the lessor, subsection (b)(23) shall not apply, unless ordered to apply by the court under this subsection.

Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 97-222, § 3, 96 Stat. 235 (1982); Pub. L. No. 98-353, §§ 304, 363(b), 392, 441, 98 Stat. 352, 363, 365, 371 (1984); Pub. L. No. 99-509, § 5001(a), 100 Stat. 1911 (1986); Pub. L. No. 99-554, §§ 257(j), 283(d), 100 Stat. 3115, 3116 (1986); Pub. L. No. 101-311, §§ 102, 202, 104 Stat. 267, 269 (1990); Pub. L. No. 101-508, § 3007(a)(1), 104 Stat. 1388-28 (1990); Pub. L. No. 103-394, §§ 101, 116, 204(a), 218(b), 304(b), 401, 501(b)(2), (d)(7), 108 Stat. 4107, 4119, 4122, 4128, 4132, 4141, 4142, 4144 (1994); Pub. L. No. 105-277, § 603, 112 Stat. 2681-886 (1998); Pub. L. No.

Consumer Bankruptcy Law and Practice: § 363. Use, sale, or lease of property

(a) In this section, “cash collateral” means cash, negotiable instruments, documents of title, securities, deposit accounts, or other cash equivalents whenever acquired in which the estate and an entity other than the estate have an interest and includes the proceeds, products, offspring, rents, or profits of property and the fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities in hotels, motels, or other lodging properties subject to a security interest as provided in section 552(b) of this title, whe

Consumer Bankruptcy Law and Practice: § 364. Obtaining credit

(a) If the trustee is authorized to operate the business of the debtor under section 721, 1108, 1183, 1184, 1203, 1204, or 1304 of this title, unless the court orders otherwise, the trustee may obtain unsecured credit and incur unsecured debt in the ordinary course of business allowable under section 503(b)(1) of this title as an administrative expense.

Consumer Bankruptcy Law and Practice: 7.3.7.8 The Summary of Schedules and Statistical Summary

Accompanying the schedules is a form summarizing debts, property, income, and expenses. A summary of certain statistical information, also included in the form, is used by the courts solely to gather statistics mandated by law. The form is self-explanatory. After the summary is filled out, it is usually inserted at the front of the schedules for filing, or elsewhere if required by local practice.179 It requires the debtor to compute the total of amounts listed for certain types of debts that are often nondischargeable.

Consumer Bankruptcy Law and Practice: 7.3.10 Filing Debtor Payment Advices

The 2005 amendments added section 521(a)(1)(B)(iv) to the Code, which requires, unless the court orders otherwise, that the debtor file copies of all payment advices or other evidence of payment received from employers within sixty days before the petition was filed.214 Bankruptcy Rule 1007(b)(1)(E) and (c) requires that the payment advices be filed within fourteen days after filing the petition (although the court can extend the time) and that all but the last four digits of the debtor’s Social Security number should be redacted from these d

Consumer Bankruptcy Law and Practice: § 505. Determination of tax liability

(a)(1) Except as provided in paragraph (2) of this subsection, the court may determine the amount or legality of any tax, any fine or penalty relating to a tax, or any addition to tax, whether or not previously assessed, whether or not paid, and whether or not contested before and adjudicated by a judicial or administrative tribunal of competent jurisdiction.

(2) The court may not so determine—

Consumer Bankruptcy Law and Practice: § 506. Determination of secured status

(a)(1) An allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor’s interest or the amount so subject to setoff is less than the amount of such allowed claim.

Consumer Bankruptcy Law and Practice: § 508. Effect of distribution other than under this title

If a creditor of a partnership debtor receives, from a general partner that is not a debtor in a case under chapter 7 of this title, payment of, or a transfer of property on account of, a claim that is allowed under this title and that is not secured by a lien on property of such partner, such creditor may not receive any payment under this title on account of such claim until each of the other holders of claims on account of which such holders are entitled to share equally with such creditor under this title has received payment under this title equal in value to the

Consumer Bankruptcy Law and Practice: § 509. Claims of codebtors

(a) Except as provided in subsection (b) or (c) of this section, an entity that is liable with the debtor on, or that has secured, a claim of a creditor against the debtor, and that pays such claim, is subrogated to the rights of such creditor to the extent of such payment.

(b) Such entity is not subrogated to the rights of such creditor to the extent that—

Consumer Bankruptcy Law and Practice: § 511. Rate of interest on tax claims

(a) If any provision of this title requires the payment of interest on a tax claim or on an administrative expense tax, or the payment of interest to enable a creditor to receive the present value of the allowed amount of a tax claim, the rate of interest shall be the rate determined under applicable nonbankruptcy law.

(b) In the case of taxes paid under a confirmed plan under this title, the rate of interest shall be determined as of the calendar month in which the plan is confirmed.

Consumer Bankruptcy Law and Practice: Sections 522(a) through 522(d)

(a) In this section—

(1) “dependent” includes spouse, whether or not actually dependent; and

(2) “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate.

Consumer Bankruptcy Law and Practice: Sections 365(a) through 365(d)

(a) Except as provided in sections 765 and 766 of this title and in subsections (b), (c), and (d) of this section, the trustee, subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor.

(b)(1) If there has been a default in an executory contract or unexpired lease of the debtor, the trustee may not assume such contract or lease unless, at the time of assumption of such contract or lease, the trustee—

Consumer Bankruptcy Law and Practice: Sections 365(e) through 365(l)

(e)(1) Notwithstanding a provision in an executory contract or unexpired lease, or in applicable law, an executory contract or unexpired lease of the debtor may not be terminated or modified, and any right or obligation under such contract or lease may not be terminated or modified, at any time after the commencement of the case solely because of a provision in such contract or lease that is conditioned on—