Automatic Stay: Overview | Practical Law

Automatic Stay: Overview | Practical Law

A Practice Note providing a background on the mechanics of the automatic stay, including its purpose, how it is commenced and terminated, and certain of its prohibitions, limitations, and exceptions. This Note also discusses the grounds for relief from the stay and the types of relief available, the consequences of violation, stay waivers, and strategies creditors can use to minimize the risk that these waivers will be held unenforceable. This Note also provides links to summaries of the local rules for the automatic stay in certain jurisdictions, allowing attorneys to compare rules across different bankruptcy courts.

Automatic Stay: Overview

Practical Law Practice Note Overview 9-380-7953 (Approx. 46 pages)

Automatic Stay: Overview

by Practical Law Bankruptcy & Restructuring and Practical Law Finance
MaintainedUSA (National/Federal)
A Practice Note providing a background on the mechanics of the automatic stay, including its purpose, how it is commenced and terminated, and certain of its prohibitions, limitations, and exceptions. This Note also discusses the grounds for relief from the stay and the types of relief available, the consequences of violation, stay waivers, and strategies creditors can use to minimize the risk that these waivers will be held unenforceable. This Note also provides links to summaries of the local rules for the automatic stay in certain jurisdictions, allowing attorneys to compare rules across different bankruptcy courts.