The law › Title 11, Bankruptcy › Chapter 3
11 U.S.C. 362: Automatic stay
Created in 1978 by Public Law 95-598. Changed by 13 later laws. 1 new law this Congress changed it.
12 other sections of the Code cite this one, including 11 U.S.C. 109, 11 U.S.C. 361, 11 U.S.C. 505, 11 U.S.C. 507, 11 U.S.C. 542.
1 part of federal rules cite it as their authority, written by Commodity Futures Trading Commission (1).
- past change
- enacted this Congress
- proposed
This Congress
- S. 1582 GENIUS Act · became law · changed (a), (d)
How it got here
2020
- Pub. L. 116–189 added par. (29). (Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020) Law text · (b)
2010
- Pub. L. 111–327, §2(a)(12)(A), substituted "tax liability of a debtor that is a corporation" for "corporate debtor's tax liability". (Bankruptcy Technical Corrections Act of 2010) Law text · (a)
- Pub. L. 111–327, §2(a)(12)(B)(i), inserted "a" after "against" in introductory provisions. (Bankruptcy Technical Corrections Act of 2010) Law text · (c)
- Pub. L. 111–327, §2(a)(12)(B)(ii), inserted "under a chapter other than chapter 7 after dismissal" after "refiled". (Bankruptcy Technical Corrections Act of 2010) Law text · (c)
- Pub. L. 111–327, §2(a)(12)(C), substituted "hinder, or" for "hinder, and" in introductory provisions. (Bankruptcy Technical Corrections Act of 2010) Law text · (d)
- Pub. L. 111–327, §2(a)(12)(D), substituted "nonbankruptcy" for "nonbankrupcty". (Bankruptcy Technical Corrections Act of 2010) Law text · (l)
2006
- Pub. L. 109–390, §5(a)(2)(A), added pars. (6) and (7) and struck out former pars. (6) and (7) which read as follows: (Financial Netting Improvements Act of 2006) Law text · (b), (7)
- Pub. L. 109–304, §17(b)(1)(A), substituted "chapter 537 of title 46 or section 109(h) of title 49" for "section 207 or title XI of the Merchant Marine Act, 1936". Law text · (b)
- Pub. L. 109–304, §17(b)(1)(B), substituted "chapter 537 of title 46" for "section 207 or title XI of the Merchant Marine Act, 1936". Law text · (b)
- Pub. L. 109–390, §5(a)(2)(B), added par. (17) and struck out former par. (17) which read as follows: "under subsection (a), of the setoff by a swap participant or financial participant of a mutual debt and claim under or in connection with one or more swap agreements that constitut… (Financial Netting Improvements Act of 2006) Law text · (b)
- Pub. L. 109–390, §5(a)(2)(C), added par. (27) and struck out former par. (27) which read as follows: "under subsection (a), of the setoff by a master netting agreement participant of a mutual debt and claim under or in connection with one or more master netting agreements or any co… (Financial Netting Improvements Act of 2006) Law text · (b)
2005
- Pub. L. 109–8, §709, substituted "a corporate debtor's tax liability 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" for "th… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (a)
- Pub. L. 109–8, §214, added par. (2) and struck out former par. (2) which read as follows: "under subsection (a) of this section— (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §907(d)(1)(A), (o)(1), substituted "financial institution, financial participant," for "financial institutions," in two places and inserted ", pledged to, under the control of," after "held by". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §907(d)(1)(B), (o)(2), inserted "or financial participant" after "repo participant" in two places and ", pledged to, under the control of," after "held by". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §907(d)(1)(C), added par. (17) and struck out former par. (17) which read as follows: "under subsection (a) of this section, of the setoff by a swap participant, of any mutual debt and claim under or in connection with any swap agreement that constitutes the setoff o… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §1225, amended par. (18) generally. Prior to amendment, par. (18) read as follows: "under subsection (a) of the creation or perfection of a statutory lien for an ad valorem property tax imposed by the District of Columbia, or a political subdivision of a State, if su… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §224(b), added par. (19). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §303(b), added pars. (20) and (21). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b), (21)
- Pub. L. 109–8, §311(a), added pars. (22) to (24). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §401(b), added par. (25). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §718, added par. (26). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §907(d)(1)(D), added par. (27). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §1106, added par. (28). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §305(1)(A), substituted "(e), (f), and (h)" for "(e), and (f)" in introductory provisions. (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (c)
- Pub. L. 109–8, §302, added pars. (3) and (4). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (c), (4)
- Pub. L. 109–8, §303(a), added par. (4) and concluding provisions. (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
- Pub. L. 109–8, §444(1), inserted "or 30 days after the court determines that the debtor is subject to this paragraph, whichever is later" after "90-day period)" in introductory provisions. (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
- Pub. L. 109–8, §444(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "the debtor has commenced monthly payments to each creditor whose claim is secured by such real estate (other than a claim secured by a judgment lien or by an unmatured statutory li… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
- Pub. L. 109–8, §320, designated existing provisions as par. (1) and added par. (2). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (e)
- Pub. L. 109–8, §305(1)(C), added subsec. (h). Former subsec. (h) redesignated (k). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
- Pub. L. 109–8, §106(f), added subsecs. (i) and (j). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (i), (j)
- Pub. L. 109–8, §441(1), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), an" for "An", and added par. (2). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (k)
- Pub. L. 109–8, §305(1)(B), redesignated subsec. (h) as (k). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (k)
- Pub. L. 109–8, §311(b), added subsecs. (l) and (m). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (l), (m)
- Pub. L. 109–8, §441(2), added subsec. (n). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (n)
- Pub. L. 109–8, §907(d)(2), added subsec. (o). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (o)
1998
- Pub. L. 105–277 added par. (4) and struck out former pars. (4) and (5) which read as follows: (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999) Law text · (b), (5)
1994
- Pub. L. 103–394, §501(d)(7)(A), (B)(i), struck out "(15 U.S.C. 78eee(a)(3))" after "Act of 1970" in introductory provisions. · (a), (b)
- Pub. L. 103–394, §304(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "under subsection (a) of this section, of the collection of alimony, maintenance, or support from property that is not property of the estate;". · (b)
- Pub. L. 103–394, §204(a), inserted ", or to maintain or continue the perfection of," after "to perfect". · (b)
- Pub. L. 103–394, §501(b)(2)(A), substituted "section 761" for "section 761(4)", "section 741" for "section 741(7)", "section 101, 741, or 761" for "section 101(34), 741(5), or 761(15)", and "section 101 or 741" for "section 101(35) or 741(8)". · (b)
- Pub. L. 103–394, §501(b)(2)(B), substituted "section 741 or 761" for "section 741(5) or 761(15)" and "section 741" for "section 741(8)". · (b)
- Pub. L. 103–394, §116, amended par. (9) generally. Prior to amendment, par. (9) read as follows: "under subsection (a) of this section, of the issuance to the debtor by a governmental unit of a notice of tax deficiency;". · (b)
- Pub. L. 103–394, §501(d)(7)(B)(ii), struck out "or" at end. · (b)
- Pub. L. 103–394, §501(d)(7)(B)(iii), substituted "section 31325 of title 46" for "the Ship Mortgage Act, 1920 (46 App. U.S.C. 911 et seq.)" and struck out "(46 App. U.S.C. 1117 and 1271 et seq., respectively)" after "Act, 1936". · (b)
- Pub. L. 103–394, §501(d)(7)(B)(iv), substituted "section 31325 of title 46" for "the Ship Mortgage Act, 1920 (46 App. U.S.C. 911 et seq.)" and struck out "(46 App. U.S.C. 1117 and 1271 et seq., respectively)" after "Act, 1936" and "or" at end. · (b)
- Pub. L. 103–394, §501(d)(7)(B)(vii), amended par. (14) relating to the setoff by a swap participant of any mutual debt and claim under or in connection with a swap agreement by substituting "; or" for period at end, redesignating par. (14) as (17), and inserting it after par. (16). · (b)
- Pub. L. 103–394, §501(d)(7)(B)(v), struck out "or" at end. · (b)
- Pub. L. 103–394, §501(d)(7)(B)(vi), struck out "(20 U.S.C. 1001 et seq.)" after "Act of 1965" and substituted semicolon for period at end. · (b)
- Pub. L. 103–394, §501(d)(7)(B)(vii)(II), (III), redesignated par. (14) relating to the setoff by a swap participant of any mutual debt and claim under or in connection with a swap agreement as (17) and inserted it after par. (16). · (b)
- Pub. L. 103–394, §401, added par. (18). · (b)
- Pub. L. 103–394, §218(b), added par. (3). · (d)
- Pub. L. 103–394, §101, in last sentence substituted "concluded" for "commenced" and inserted before period at end ", unless the 30-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances". · (e)
1990
- Pub. L. 101–311, §202, inserted reference to sections 101(34) and 101(35) of this title. · (b)
- Pub. L. 101–508, §3007(a)(1)(A), which directed the striking of "or" after "State law;", could not be executed because of a prior amendment by Pub. L. 101–311. See below. · (b)
- Pub. L. 101–311, §102(1), struck out "or" after "State law;". · (b)
- Pub. L. 101–508, §3007(a)(1)(B), which directed the substitution of a semicolon for period at end, could not be executed because of a prior amendment by Pub. L. 101–311. See below. · (b)
- Pub. L. 101–311, §102(2), substituted "; or" for period at end. · (b)
- Pub. L. 101–508, §3007(a)(1)(C), added pars. (14) to (16). Notwithstanding directory language adding pars. (14) to (16) immediately following par. (13), pars. (14) to (16) were added after par. (14), as added by Pub. L. 101–311, to reflect the probable intent of Congress. · (b)
- Pub. L. 101–311, §102(3), added par. (14) relating to the setoff by a swap participant of any mutual debt and claim under or in connection with a swap agreement. Notwithstanding directory language adding par. (14) at end of subsec. (b), par. (14) was added after par. (13) to reflect the probable in… · (b)
1986
- Pub. L. 99–509 inserted sentence at end. · (b)
- Pub. L. 99–554, §283(d)(1), substituted ", financial institutions" for "financial institution," in two places. · (b)
- Pub. L. 99–554, §283(d)(2), (3), struck out "or" at end of first par. (9) and redesignated as par. (10) the second par. (9) relating to leases of nonresidential property, which was added by section 363(b) of Pub. L. 98–353. · (b)
- Pub. L. 99–554, §283(d)(3), (4), redesignated as par. (10) the second par. (9) relating to leases of nonresidential property, added by section 363(b) of Pub. L. 99–353, and substituted "property; or" for "property.". Former par. (10) redesignated (11). · (b)
- Pub. L. 99–554, §283(d)(3), redesignated former par. (10) as (11). · (b)
- Pub. L. 99–509 added pars. (12) and (13). · (b), (13)
- Pub. L. 99–554, §257(j), inserted reference to chapter 12 of this title. · (c)
1984
- Pub. L. 98–353, §441(a)(1), inserted "action or" after "other". · (a)
- Pub. L. 98–353, §441(a)(2), inserted "or to exercise control over property of the estate". · (a)
- Pub. L. 98–353, §441(b)(1), inserted "or to the extent that such act is accomplished within the period provided under section 547(e)(2)(A) of this title". · (b)
- Pub. L. 98–353, §441(b)(2), inserted "or due from" after "held by" and "financial institution," after "stockbroker" in two places, and substituted "secure, or settle commodity contracts" for "or secure commodity contracts". · (b)
- Pub. L. 98–353, §441(b)(3), (4), in par. (8) as redesignated by Pub. L. 98–353, §392, substituted "the" for "said" and struck out "or" the last place it appeared which probably meant "or" after "units;" that was struck out by Pub. L. 98–353, §363(b)(1); and, in par. (9), rela… · (b)
- Pub. L. 98–353, §392, added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. · (b)
- Pub. L. 98–353, §363(b), struck out "or" at end of par. (7), substituted "; or" for the period at end of par. (8), and added par. (9) relating to leases of nonresidential property. · (b)
- Pub. L. 98–353, §441(b)(5), added par. (10). · (b)
- Pub. L. 98–353, §441(c), substituted "or" for "and". · (c)
- Pub. L. 98–353, §441(d), inserted "under subsection (a) of this section" after "property". · (d)
- Pub. L. 98–353, §441(e), inserted "the conclusion of" after "pending" and substituted "The court shall order such stay continued in effect pending the conclusion of the final hearing under subsection (d) of this section if there is a reasonable likelihood that the party opposing relief… · (e)
- Pub. L. 98–353, §441(f), substituted "Upon request of a party in interest, the court, with or" for "The court,". · (f)
- Pub. L. 98–353, §304, added subsec. (h). · (h)
1982
- Pub. L. 97–222, §3(a), inserted ", or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(3))," after "this title" in provisions preceding par. (1). · (a)
- Pub. L. 97–222, §3(b), inserted ", or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(3))," after "this title" in provisions preceding par. (1). · (b)
- Pub. L. 97–222, §3(c), substituted provisions that the filing of a bankruptcy petition would not operate as a stay, under subsec. (a) of this section, of the setoff by a commodity broker, forward contract merchant, stockbroker, or securities clearing agency of any mutual debt and cl… · (b)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.