11 U.S.C. § 362

Section 362(a)(1) can extend the automatic stay to nondebtor foreign representatives when a suit against them would impair the debtor’s ability to administer its Chapter 15 proceeding and protect its U.S. assets.

In re: Irish Bank Resolution Corporation Limited · filed 2019-09-27(a)(1)

Without foreign representatives, IBRC would lose the ability to effectuate its own foreign proceeding and protect its assets within the United States, to the immediate detriment of IBRC. The available facts support a finding that there is such an identity between the debtor and these third-party defendants that a judgment against Appellees individually “will in effect be a judgment or finding against the Debtor.” McCartney, 106 F.3d at 510 (internal quotation marks omitted). The Court agrees these facts warranted the extension of the automatic stay in this case.

Section 362’s automatic stay does not automatically cover proceedings against nondebtors; extending it to those proceedings requires action by the bankruptcy court.

U.S. Bank National Assn. v. Crawford · filed 2019-11-26(a)(1)

As we explained, the bankruptcy court has exclusive jurisdiction to extend the stay to proceedings to which it does not automatically apply.

Section 362(a) can extend the automatic stay to a debtor’s wholly owned corporation when claims against the corporation would have an immediate adverse economic impact on the debtor.

Garcia v. 3662 Broadway Restaurant Corp. · filed 2019-12-19(a)

3662 Broadway Corp. moved to have Chavez’s stay extended to itself because it is wholly owned by Chavez and any resolution of a claim against the corporation would have an “immediate adverse economic impact” on Chavez. ... �e Court GRANTS the defendant’s motion here, as well. �is case is STAYED against all defendants pending the disposition of bankruptcy proceedings concerning defendant Albertico Chavez.

Section 362’s automatic stay generally protects the debtor, not the debtor’s LLC; extending the stay to the LLC requires a court injunction.

Robert Joseph Norman · filed 2020-02-18(a)

For the stay to extend beyond debtor, Sixth Circuit case law suggests that a bankruptcy court must affirmatively act to issue an injunction. ... This was not done in the present case. The court therefore finds that the stay applied only to Debtor, not Templar.

Section 362(a)(1) stays proceedings against the debtor but does not extend the automatic stay to a nonbankrupt co-defendant.

MacBagito v. Crosby Corporation · filed 2020-03-05(a)(1)

But as the automatic stay does not apply to co-defendants, the Court will decide Defendants’ Motion to Dismiss as to Crosby Corporation.

Section 362(a)(1) generally stays actions against the debtor, but extends to nondebtor defendants only in narrow circumstances where a judgment against them would effectively be a judgment against the debtor.

Grimmway Enterprises Inc v. B & B Organics Inc · filed 2020-03-25(a)(1)

Generally, the stay applies only to the debtor and not to non-debtor co-defendants. ... Neither Individual Defendant has provided the Court with any evidence or argument pertaining to the need for such an exception to the automatic stay and accordingly, the Court does not find that this very narrow exception should be extended to Ms. or Mr. Boynton and Ms. Boynton’s first argument fails.

Section 362(a)(6) stays efforts to collect a prepetition claim against the debtor but does not bar collection directed solely at a nondebtor spouse.

Wiseman v. Milwaukee Radiologists Ltd., S.C. · filed 2020-03-31(a)(6)

Section 362(a)(6) applies only to actions to collect on claims against the debtor. The record shows that Milwaukee Radiologists’ collection actions were directed to the debtor’s deceased husband, not against the debtor.

Section 362(a)(1) extends the automatic stay to a debtor’s wholly owned company when adjudicating a claim against the company will have an immediate adverse impact on the debtor.

Torres v. Duomit LLC · filed 2020-04-17(a)(1)

Accordingly, because Duomit is wholly owned by Dunikov, and adjudication of a claim against Duomit will have an immediate adverse impact on Dunikov, the stay properly is extended to Duomit.

Section 362(a)(1) extends the automatic stay to a non-debtor when claims against it under an indemnified agreement will have immediate economic consequences for the debtor’s estate.

Livingstone v. Tough Mudder Incorporated · filed 2020-04-17(a)(1)

Given that the indemnification clause in the SGA provides that TMI agrees to indemnify Active for any claims arising out of the SGA or the MSA Amendment, and that Livingstone’s claim against Active arises out of those agreements, the Court concludes that allowing this litigation to proceed against Active will result in immediate economic consequences for TMI. Accordingly, the Court extends the automatic stay from TMI to non-debtor Active.

Section 362’s automatic stay may extend to nonbankrupt codefendants, but the party seeking that extension must make its showing to the bankruptcy court.

American General Life Insurance Company v. Schahin II Finance Company (SPV) Limited DO NOT DOCKET. CASE REMANDED to the · filed 2020-06-16

While Nomura may be correct that the unusual circumstances required to extend the automatic stay are present here, Nomura must make this showing to the bankruptcy court.

Section 362(a)(1) extends the automatic stay to a nondebtor only in unusual circumstances; an indemnity agreement alone does not require extension.

Fidus Investment Corporation v. McCollum · filed 2020-09-16(a)(1)

Despite Huron’s argument to the contrary, simply because there is an indemnity agreement between Huron and OMC does not mean the Court must extend the stay.

Section 362(a)(1) can stay claims against a debtor’s wholly owned company when success against it would have an immediate adverse economic effect on the debtor’s estate, whether the debtor filed under Chapter 11 or Chapter 13.

G & G Closed Circuit Events, LLC v. Garcia · filed 2020-11-05(a)(1)

Success against the Corporate Defendant would have an immediate adverse economic effect on Mr. Chavez’s estate. The Court finds no basis for interpreting § 362(a)(1) differently depending on whether the debtor has applied for Chapter 11 or Chapter 13 bankruptcy under the Code, or for limiting Queenie’s holding to corporations, as opposed to LLCs.

The automatic stay under § 362(a)(1) can extend to a nondebtor when a claim against it would immediately harm the debtor’s estate or when the debtor is the real party defendant.

Carrera v. DT Hospitality Group Inc. · filed 2020-12-09(a)(1)

However, as the cases cited in Plaintiff’s letter make clear, the automatic stay can under certain circumstances extend to a non-debtor, including where a claim against the non-debtor “will have an immediate adverse economic consequence for the debtor’s estate” or where “there is such identity between the debtor and the third-party defendant that the debtor may be said to be the real party defendant.”

Section 362(a)(1) does not extend the automatic stay protecting a debtor to a separate company formed by that debtor.

Lawrence v. Frost Bank · filed 2021-01-04(a)(1)

Frost Bank points out that “[t]he protections afforded to Lawrence in his bankruptcy proceeding did not apply to [LB Roofing].”19 The Court agrees, and for that reason finds no clear error in the Bankruptcy Court’s determination and affirms the decision below.

Section 362(a) generally protects debtors and estate property; where a nondebtor’s relationship to the debtor may implicate the unusual-circumstances exception, the court may deny a request to confirm that the stay is inapplicable without an adequate factual showing.

NIR West Coast, Inc. dba Northern California Roofing · filed 2021-01-04(a)

Creditor recites two critical facts which have the potential to trigger application of the “unusual circumstances” exception in this case: (1) Lynn is the Debtor’s codebtor; and (2) Lynn is a principal of the Debtor. Based on those facts alone and the record before it, the court is unable to conclude that Creditor has an undisputed right, if any at all, to the requested “comfort order.”

Section 362(a)(1) may extend the automatic stay to claims against a nondebtor when the nondebtor’s interests are so intertwined with the debtor’s that the debtor is the real party in interest.

Kuehn v. Sage EcoEnterprises, LLC · filed 2021-08-30(a)(1)

Subsequent to A.H. Robins Co. v. Piccinin, federal courts in North Carolina have noted that an automatic stay under Section 362(a)(1) may be extended to cover a non-debtor in “unusual circumstances,” such as “when the interests of a non-debtor party are so ‘intimately intertwined’ with those of a debtor that the debtor is the real party in interest.” ... The undersigned finds these authorities to be persuasive and concludes that the Motion to Stay should be granted as to Plaintiff’s claims against Talley.

Section 362(a) protects nondebtors only in rare circumstances; when none applies, relief from the automatic stay is unnecessary for claims against them.

Nahabet Cimenian · filed 2022-02-08(a)

Only in rare circumstances can a non-debtor claim protection under 11 U.S.C. § 362(a) and none of those circumstances are present in the Massachusetts State Court Action.

Section 362(a)(3)’s automatic stay may extend to nondebtor third parties when unusual circumstances show that litigation against them would adversely affect the debtor’s reorganization.

LTL Management LLC · filed 2022-04-29(a)(3)

For the reasons set forth above, the Court concludes that “unusual circumstances” are present warranting an extension of the automatic stay to the Protected Parties under § 362(a)(3).

Section 362(a)(3) permits extension of the automatic stay to nondebtors in unusual circumstances when litigation against them would adversely affect the debtor’s estate or reorganization.

LTL Management LLC - Adversary Proceeding · filed 2022-04-29(a)(3)

Accordingly, the Court finds that “unusual circumstances” exist warranting extension of § 362(a)(3)’s automatic stay protection to the nondebtor third parties.

Section 362(a)(1) does not automatically stay claims against defendants who have not filed for bankruptcy, even if they expect to file.

Abouelmakarem v. MDNMA INC. · filed 2022-09-21(a)(1)

MSSMINJA, Mahmoud Mustafa, and Nazih H. Mustafa have not filed a petition under the Bankruptcy Code and so Section 362(a)(1) does not apply of its own force.

Section 362’s automatic stay may extend to a nondebtor when enforcing a judgment against that person would create a claim against the debtor’s estate and impair the debtor’s reorganization.

Hal Luftig Company, Inc. v. FCP Entertainment Partners, LLC · filed 2023-01-05

Therefore, any judgment enforced against Mr. Luftig would result in a claim against the estate, frustrating Plaintiff’s efforts to confirm a plan and successfully reorganize. ... Thus, the Court finds that the automatic stay should extend to non-debtor Mr. Luftig.

Section 362(a) permits extension of the automatic stay to a nondebtor when a judgment against it would have an immediate adverse economic consequence for the debtor’s estate, including where a judgment against a dissolved corporation would effectively bind the debtor that guaranteed its obligation.

M&T Capital and Leasing Corporation v. Athens Inc. · filed 2023-03-31(a)

Athens is therefore analogous to the non-debtor restaurant in McCartney: because the corporation has been involuntarily dissolved, any judgment against Athens would “operate[] as a judgment or finding against” its guarantor, Grand Canyon. 106 F.3d at 511. Thus, such a judgment would have “an immediate adverse economic consequence for the debtor’s estate” under Queenie.

Section 362’s automatic stay may extend to a nondebtor defendant when the debtor and defendant are so closely identified that a judgment against the defendant would effectively be a judgment against the debtor.

Gonzalez Falcon, Jenniffer Marie v. Hospital Hima San Pablo Bayamon · filed 2023-12-11

Así, la paralización automática de un deudor podrá ser extendida a terceros demandados no acogidos a la quiebra si entre el deudor y ese tercero demandado existe tal identidad que una sentencia contra el tercero demandado constituirá una sentencia contra el deudor.

Section 362(a) does not extend the automatic stay to a nondebtor when the debtor has no absolute duty to indemnify it and the claims against it arise from its own duties.

Garcia v. Hatchet Works Corp. · filed 2024-05-22(a)

In conclusion, the Court believes that both the apparent lack of an “absolute” indemnification obligation and the independent nature of Plaintiff’s claims against Hatchet Works counsel against an extension of the automatic stay.

Section 362(a) does not impose a blanket stay on litigation against a debtor’s parishes and affiliates.

The Diocese of Buffalo, N.Y. v. 100 Doe · filed 2024-09-30(a)

Section 362 does not universally impair the ability of plaintiffs to pursue claims against parishes and affiliates, and therefore provides no basis to extend the automatic stay to all litigation.

The automatic stay generally protects the debtor alone; a suit against nondebtor defendants may proceed when the bankruptcy court has not extended the stay to them.

Hall v. Fitzpatrick · filed 2024-11-21(a)(1)

Because the automatic stay does not protect the defendants and the bankruptcy court has not enjoined litigation of claims against them, this case may proceed.

Section 362(a)(1) does not automatically stay a suit against a debtor’s employee when the employee fails to establish the debtor’s duty to indemnify her.

Leal v. Pinkerton · filed 2025-01-13(a)(1)

In light of the Seventh Circuit’s instruction that the “identity of interest” exception should be reserved for unusual situations and given Reynolds’ failure to establish Wellpath’s duty to indemnify her, the Court finds that Section 362(a)(1) does not automatically extend to this case.

Section 362(a)’s automatic stay can extend to nondebtor codefendants when litigation against them is sufficiently likely to materially affect the debtor’s bankruptcy estate, including through joint and several liability.

Jones, Esq. v. Landry's, Inc. · filed 2025-02-13(a)

Trying the action against the Remaining Defendants is sufficiently likely to have a material effect on Just One More’s bankruptcy estate to warrant an extension of the automatic stay at this time.

Section 362(a)’s automatic stay does not automatically extend from a debtor to individual codefendants.

Frouws v. Edgio Incorporated · filed 2025-08-25(a)

The automatic bankruptcy stay does not automatically extend to the individual Defendants Robert Lyons, Daniel Boncel, and Stephen Cumming, however.

Section 362(a)’s automatic stay may extend to claims against a nondebtor when unusual circumstances, including the debtor’s indemnification obligations, make the claims affect the debtor’s estate and reorganization.

Official Committee of Talc Claimants v. Whittaker · filed 2025-10-31(a)

As such, those 26 Appealed Claims involve “unusual circumstances” that warrant extending the automatic stay of section 362(a).

Section 362’s automatic stay does not extend to a nondebtor with an indemnification agreement with a Chapter 7 debtor absent unusual circumstances.

Ball · filed 2025-11-17(a)

Thus, Defendant has not sufficiently established the unusual circumstance which would justify further extension of the automatic bankruptcy stay as to Goodleap.

Section 362(a) does not extend the automatic stay to nondebtor officers when insurance covering their defense prevents immediate economic harm to the debtor’s estate.

Pack · filed 2025-10-16(a)

The formidable insurance coverage on which these defendants can draw for legal expenses assures that, for the foreseeable future, LuxUrban’s estate will not suffer immediate economic harm from the costs of litigation against the individual defendants.

A court may extend the § 362(a) stay on a limited interim basis to preserve funds in a nondebtor’s account while it determines whether any of those funds belong to the estate.

John Pirraglia · filed 2026-06-10(a)

The automatic stay under 11 U.S.C. § 362(a) is extended, on an interim and limited basis, to the Bank Account maintained at Alma Bank in the name of J.P.’s Inn, solely to preserve funds in the Bank Account pending a determination of what portion, if any, of those funds constitutes property of the Debtor’s estate under 11 U.S.C. § 541(a).

Section 362(a)’s automatic stay benefits the debtor, not nondebtor codefendants.

Bedel v. Thompson · filed 1984-07-20(a)

As to the automatic stay provision, 11 U.S.C. § 362(a), we determined that Lynch v. Johns-Manville Sales Corporation, 710 F.2d 1194 (6th Cir.1983) constituted mandatory authority for the proposition that the automatic stay may accrue to the benefit of none but the debtors. ... Defendant Edward Jones & Company’s motion to dismiss or to stay is denied in all respects.

The owner of property targeted for § 362(d)(4) in rem relief should receive notice and an opportunity to be heard before entry of the order, but lack of advance notice does not necessarily violate due process if later notice allows a timely request for relief.

Greenstein v. Wells Fargo Bank, N.A. (In re Greenstein) · filed 2017-10-31(d)(4)

Accordingly, the Court holds that (i) the owner of real property that is the subject of a request for section 362(d)(4) relief should receive notice of that request and an opportunity to be heard prior to entry of the order, but (ii) failure to provide such notice and opportunity does not necessarily constitute a due process violation. Whether there has been a violation will depend on whether the property owner ever gets notice of the in rem order, and whether the notice is adequate to permit the property owner to timely seek relief from that order based on changed circumstances or good cause shown, pursuant to Bankruptcy Code section 362(d)(4).

Section 362(d)(4) in rem stay relief expires after two years, leaving no effective relief on an appeal seeking to undo the expired order.

(BK) In Re: Dianne L. Akzam · filed 2020-04-08(d)(4)

Here, the order was entered on July 3, 2016 and expired on July 4, 2018. The in rem relief provided by the order is no longer in effect, and the Court therefore has no power to undo an order that has already expired. Consequently, the appeal is moot with respect to § 362(d)(4).

Section 362(d)(4) does not require a scheme to delay, hinder, or defraud the particular creditor seeking in rem stay relief.

Michael Jacques Jacobs · filed 2022-03-08(d)(4)

The language of 11 U.S.C. § 362(d)(4) requires a “scheme to delay, hinder, or defraud creditors that involved . . . multiple bankruptcy cases affecting such real property.” 11 U.S.C. § 362(d)(4) (emphasis added). The plain language of the statute does not require a scheme to delay, hinder, or defraud the specific creditor seeking stay relief.

Section 362(d) requires a request in the specific case and notice and a hearing before a court grants relief from the automatic stay.

In Re Internal Revenue Service Liabilities & Refunds in Chapter 13 Proceedings · filed 1983-05-18(d)

This order must be vacated for several reasons. Initially, the order is in conflict with 11 U.S.C. § 362(d) which specifies in detail the procedure to be followed in all requests for relief from the automatic stay imposed by 11 U.S.C. § 362(a). Section 362(d) states that the court shall grant relief from the automatic stay only upon “request of a party in interest and after notice and a hearing.”

Section 362(b)(10) does not stay a lessor from obtaining possession under a nonresidential lease effectively terminated before the bankruptcy filing.

In re Passage Midland Meadows Operations, LLC · filed 2017-12-01(b)(10)

In sum, the Court concludes that the Master Lease is nonresidential in nature. Based upon the Court’s earlier conclusion that the Master Lease was effectively terminated prepetition, (1) the Master Lease is not property of the estate, and (2) the automatic stay does not prevent Welltower from obtaining possession of the leased properties.

The automatic stay of an action against a debtor ends when the debtor’s bankruptcy case closes.

Meyer v. Ward · filed 2017-12-18(c)(2)(A)

Therefore, the stay in this case against Ward ended April 5, 2017. See DeliverMed Holdings, LLC v. Schaltenbrand, 734 F.3d 616, 621 n.1 (7th Cir. 2013) (“[T]he automatic stay of actions against the debtor ends at the close of its bankruptcy case.”) (citing 11 U.S.C. § 362(c)(2)(A)).

Section 362(a) automatically stays an appeal against a debtor when the debtor files a bankruptcy petition.

Kendrick L. Miller v. Robert T. Gregg and Kathleen C. Gregg Trust · filed 2019-10-01(a)

It is ordered that this appeal is stayed. See 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor’s property).

Section 362(a) automatically stays claims against a debtor when the debtor files a bankruptcy petition.

American Contractors Indemnity Company v. Sailsbery · filed 2020-03-30(a)

American Contractors Indemnity Company’s (ACIC) claims against Sailsbery have been automatically stayed by operation of her bankruptcy petition and 11 U.S.C. § 362(a).

Section 362(a) automatically stays proceedings against a defendant when that defendant files a bankruptcy petition.

Trujillo v. Conrad · filed 2020-05-21(a)

Pursuant to 11 U.S.C. § 362(a), all actions against a defendant who has filed a bankruptcy petition are automatically stayed once the petition is filed.

Section 362(a) automatically stays claims against a debtor upon its Chapter 11 filing.

LG 37 Doe v. Nail · filed 2021-01-19(a)

Plaintiff’s claims against BSA in this matter were thus stayed upon BSA’s bankruptcy filing pursuant to the automatic stay imposed by 11 U.S.C. § 362(a).

Section 362(a) automatically stays an appeal against a debtor when the debtor files a bankruptcy petition.

McWilliams v. Watson · filed 2021-09-14(a)

Accordingly, it is ordered that this appeal is stayed. See 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor’s property).

Section 362(a) automatically stays an action against a debtor when the debtor files for bankruptcy.

Tatas v. Ali Baba's Terrace, Inc. · filed 2021-09-16(a)

Therefore, this matter is automatically stayed as to Ali Baba’s pursuant to 11 U.S.C. § 362(a).

The automatic stay terminates when the bankruptcy case closes, and the court may grant limited relief from the stay before closure.

MaryAnn Manor, Inc. v. Sandhill Crane Partners, LLC · filed 2021-10-13(c)(2)(A)

Although the automatic stay was ostensibly an impediment to that occurring earlier, the stay will terminate upon the closing of each case’ and limited relief can be granted in the interim to prevent further delay.

Section 362 automatically stays an action against a defendant that files a voluntary bankruptcy petition, making pending motions moot as to that defendant.

Balboa Capital Corporation v. Vital Pharmaceuticals, Inc. · filed 2022-11-09

Because this action is now automatically stayed as to Defendant Vital Pharmaceuticals, Inc. pursuant to 11 U.S.C. § 362, the Motions [DE’s 103, 104, 105, 111] and the Report [DE 119] are moot as to Defendant Vital Pharmaceuticals, Inc.

Section 362(a) automatically stays actions against a defendant once the defendant files a bankruptcy petition.

Rubio v. Madera Community Hospital · filed 2023-05-15(a)

Pursuant to 11 U.S.C. § 362(a), all actions against a defendant who has filed a bankruptcy petition are automatically stayed once the petition is filed.

Section 362(a) automatically stays a pending action against a debtor when the debtor files a bankruptcy petition.

ISA Plus, LLC v. Prehired, LLC · filed 2023-06-22(a)

Pursuant to 11 U.S.C. § 362, Defendant’s bankruptcy petition operates as ... an automatic stay on the instant action.

Section 362(a) automatically stays pending judicial proceedings against a debtor in state and federal court when the debtor files for bankruptcy.

U.S. Bank, N.A. v. Rodriguez · filed 2024-01-16(a)

Pursuant to 11 USC § 362(a), a bankruptcy filing automatically stays and suspends any and all judicial proceedings pending against the debtor, whether in state or federal court ( Levant v National Car Rental Incorporated, Inc. , 33 AD3d 367, 368 [1st Dept 2006]; Emigrant Savings Bank v Rappaport , 20 AD3d 502, 503 [2d Dept 2005]; Carr v McGriff , 8 AD3d 420, 422 [2nd Dept 2004]).

Section 362(a) stays proceedings against a debtor immediately when the debtor files a bankruptcy petition.

Hatteras Enterprises Inc v. Forsythe Cosmetic Group Ltd · filed 2024-05-01(a)

Upon FCG’s filing of the bankruptcy petition, the bankruptcy stay set forth in 11 U.S.C. § 362(a) as applied to FCG came into place immediately.

Section 362(a) automatically stays proceedings against a defendant once that defendant files a bankruptcy petition.

Anderson v. County of Fresno · filed 2024-11-19(a)

Pursuant to Section 362 of the Bankruptcy Code, all actions against a defendant who has filed a bankruptcy petition are automatically stayed once the petition is filed.

Section 362 automatically stays a pending action when a defendant files a Chapter 13 bankruptcy petition.

Allison Lending LLC v. Croton Development LLC · filed 2025-07-29

This action was thus automatically stayed pursuant to 11 U.S.C. § 362.

Section 362(a) automatically stays a civil action against a debtor when the debtor files a bankruptcy petition.

The Latino Medical Student Association-Northeast v. FlipCause · filed 2025-12-19(a)

Accordingly, this case is automatically stayed pursuant to section 362(a).

Section 362(c)(2)(A) terminates the automatic stay when the bankruptcy case is closed.

Claude Dennis Wilkes · filed 2026-04-22(c)(2)(A)

Section 362(c)’s automatic stay terminates when a case is closed.

Section 362(c)(2) ends the automatic stay when the bankruptcy case is closed, even if the debtor receives no discharge.

Sharon Benita James · filed 2026-04-28(c)(2)

Upon the closure of the case without a discharge, the Debtor’s property was no longer subject to the automatic stay.

Section 362’s automatic stay terminates when the bankruptcy case closes, permitting a creditor to pursue enforcement.

Busch v. Union Bank & Trust Co. (In Re Busch) · filed 1984-03-20

... the creditor expended its energy and incurred the expense of enforcement litigation after the closing of the case resulted in the termination of the automatic stay under 11 U.S.C. § 362 and the jurisdiction of the Bankruptcy Court and there was every indication the matter of the creditor’s right to so proceed had been finally resolved.

Section 362 automatically stays actions against a debtor’s property when a Chapter 13 petition is filed.

Swiatkowski v. Citibank · filed 2010-10-07

It is clear from the record that shortly after the judgment from the foreclosure action was entered, Michael Swiatkowski filed a voluntary petition for relief under Chapter 13. At that time, the property became subject to the stay on all debtor’s property that is automatic in bankruptcy proceedings under 11 U.S.C. § 362.

Section 362(c)(2)(A) ends the automatic stay when a bankruptcy case closes, including when it closes for administrative purposes before discharge.

Benjamin Douglas Morris · filed 2025-10-27(c)(2)(A)

While closure of the case relieves the debtor of the expense of UST fees, it also terminates the automatic stay.

The automatic stay expires by operation of law when the bankruptcy court grants a Chapter 7 discharge, so later creditor action does not violate that stay.

Martin B. Smith, III v. HSBC Bank USA · filed 2019-05-20(c)(2)(C)

The stay expires by operation of law upon the bankruptcy court’s grant of a Chapter 7 discharge for the debtor.

Section 362(c) ends the stay protecting debtors and their property when discharge enters, while the stay of acts against estate property continues until that property leaves the estate.

Edwin Duane Ortlepp and Teresa Stout Ortlepp · filed 2019-04-19(c)(1), (c)(2)(C)

While the stay directly protecting the Debtors and their property terminated upon entry of the discharge order, see 11 U.S.C. § 362(c)(2)(C), the stay of acts against property of the estate continues unless and until “such property is no longer property of the estate.” 11 U.S.C. § 362(c)(1).

Section 362(e)(1) lifts the automatic stay 30 days after a motion for relief from the stay is filed unless the court holds a hearing and orders the stay to remain in effect.

Bridget Brown Parson · filed 2019-04-12(e)(1)

Notably, 11 U.S.C. § 362(e)(1) provides that the automatic bankruptcy stay is lifted 30 days after a motion for relief from the stay is filed unless the Court holds a hearing and orders the stay to remain in effect. Thus, a continuance of the April 3rd hearing would not have benefitted the Debtor.

Section 362’s automatic stay terminates when the bankruptcy case closes, allowing stayed appellate proceedings to resume.

Winding v. Wells Fargo Bank, NA · filed 2017-12-21(c)(2)(A)

On April 25, 2017, the bankruptcy court closed Case No. 13-10551. Because the automatic stay has terminated, appellate proceedings as to Cal-Western shall proceed.

Section 362(c)(1) ends the stay of acts against property when it leaves the bankruptcy estate, and § 362(c)(2)(C) ends the stay of other acts against a Chapter 7 debtor upon discharge.

In re Odell · filed 2018-01-30(c)(1), (c)(2)(C)

That section provides in relevant part that the automatic stay of an act against property terminates when such property is no longer property of the estate and the automatic stay of any other act terminates when the debtor receives a Chapter 7 discharge. 11 U.S.C. § 362(c)(1) and (2)(C).

A Chapter 7 discharge terminates the automatic stay, making a motion for relief from the stay moot.

In re Kuper · filed 2018-03-29(c)(2)(C)

Here, discharge entered on June 29, 2017. Accordingly, there is no automatic stay and the Coop's Motion for Relief from Stay is moot.

Section 362(c)(2)(B) ends the automatic stay in a Chapter 11 proceeding when that proceeding is dismissed.

Duwaik v. Chase · filed 2018-07-12(c)(2)(B)

Under 11 U.S.C. § 362(c)(2)(B), a stay in a Chapter 11 bankruptcy proceeding expires when the proceeding is dismissed.

Section 362(h)(1) does not terminate the automatic stay for a debtor’s failure to state or perform an intention concerning personal property until thirty days after the date set for the creditors’ meeting.

Toyota Motor Credit Corp. v. Dunn (In re Dunn) · filed 2018-07-24(h)(1)

After consideration, this Court concludes that the operative date for termination of the stay under § 362(h)(1) is thirty days after the date set for the creditors' meeting.

Section 362(a) automatically stays an appeal against a debtor when the debtor files a bankruptcy petition.

Francisco Corpus and Maria Castillo v. Barrera · filed 2018-08-23(a)

It is ordered that this appeal is stayed. See 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor’s property).

Section 362(a) does not bar registration of a judgment after the automatic stay has terminated.

Chen v. Jp Morgan Chase Bank · filed 2018-10-08(a)

But, the automatic stay terminated, at the latest, on March 24, 2008, when the federal district court ordered that Chase could proceed with the foreclosure sale. Chase registered the bankruptcy court judgment after this date, on April 18, 2008. Chen's claim that the automatic stay provisions of 11 U.S.C. § 362(a) rendered the judgment unenforceable is entirely without merit.

Section 362(c) ends the automatic stay when the bankruptcy case closes, so foreclosure pursued after closure does not violate the stay.

Sokoloski v. Wells Fargo Bank, N.A. Successor by Merger to Wells Fargo Bank Southwest, N.A. · filed 2018-10-26(c)

The Bankruptcy Court easily dealt with this contention: “To the extent [Plaintiff] alleges that [Defendant] violated the automatic stay by pursuing a foreclosure action following the closing of the bankruptcy case, the Court finds such an argument would not be successful inasmuch as the automatic stay terminated upon the closure of the case.” Dkt. no. 11-5 (citing 11 U.S.C. § 362(c); In re Harris, 2016 WL 3412640, at *10). As such, this contention does not raise a plausible right to relief.

Section 362(c)(2)(A) provides that the automatic stay ends when the bankruptcy case is closed.

Delciotto, N. v. Pa. Hospital · filed 2018-11-05(c)(2)(A)

As such, the instant “Application to Lift Bankruptcy Stay,” which seeks to lift the stay that had been imposed in the action in this Court due to the pendency of the bankruptcy proceeding, is GRANTED. See 11 U.S.C. §362(c)(2)(A) (noting that the automatic stay “continues until the earliest of” several conditions, including the time that the bankruptcy case is closed).

Section 362 shields Chapter 13 post-petition payments from creditors while the bankruptcy case is pending, but the automatic stay ends when the case is dismissed.

Commonwealth of Virginia v. Webb · filed 2018-11-19

The Division’s § 362 argument fares no better; under that statute, the automatic stay shielded Webb’s post-petition payments from the Division or any other creditors during the Chapter 13 proceeding. Once the bankruptcy court dismissed the case, the automatic stay was lifted.

Section 362(c)(2) ends the automatic stay when the bankruptcy case is closed or dismissed, or when a discharge is granted or denied, whichever occurs first.

Richard D. Davis, L.L.P., a Texas General Partnership, Richard D. Davis, L.L.P, a Nevada Limited Liability Partnership a · filed 2019-02-05(c)(2)

Under section 362(c)(2) of the Bankruptcy Code, the automatic stay terminates upon the earlier of the time the case is closed, the time the case is dismissed, or the time a discharge is granted or denied.

A bankruptcy court may use its equitable powers under § 105(a) to enforce the automatic stay imposed by § 362(a).

Trevino v. Select Porfolio Servicing, Inc. (In re Trevino) · filed 2019-03-07(a)

The Court is well within its authority to determine whether Defendants' actions were in violation of the automatic stay, and if so, may exercise its equitable powers under § 105(a) to enforce § 362(a).

Section 362 stays a pending appeal when the appellee files for bankruptcy protection.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas v. Duncan Burch, Inc. · filed 2019-05-14

Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362(c)(2) terminates the automatic stay against suing the debtor when discharge is denied.

Webster v. Walker · filed 2019-08-16(c)(2)

Etlin could bring such a cause of action against the debtor in state court at any time because, pursuant to 11 U.S.C. § 362(c)(2), the denial of discharge terminated the automatic stay regarding suing the debtor.

Section 362 automatically stays an appeal involving a party who has filed a Chapter 13 bankruptcy petition.

Yogurt Culture, Inc. and Michelle Anderssen v. Shannon A. Lang, PLLC · filed 2019-08-22

This appeal is stayed pursuant to the Notice of Bankruptcy, filed on July 12, 2019, advising this Court that appellant, Michelle Marie Anderssen f/k/a Michelle Valencia Anderssen filed a petition for bankruptcy under Chapter 13 of the Bankruptcy Code on August 5, 2019 in Case No. 18-37347 in the United States Bankruptcy Court for the Southern District of Texas. See 11 U.S.C. § 362 (automatic stay in bankruptcy).

The automatic stay expires when the debtor receives a discharge, so post-discharge collection does not violate the stay.

Campagna v. Internal Revenue Service · filed 2019-09-19(c)(2)(C)

The automatic stay expired when the debtors were discharged, 11 U.S.C. § 362(c)(2)(C), so the IRS is not in violation of the stay.

Closing a bankruptcy case terminates the automatic stay as to acts other than those against estate property, and reopening the case does not reinstate the stay.

Jeanette Jacqueline Nelson · filed 2019-09-20(c)(2)(A)

In addition, under 11 U.S.C. § 362(c)(2)(A), the closing of the case terminated the stay under § 362(a) of any other act. The reopening of the case did not reinstate the automatic stay.

Terminating an order granting relief from the automatic stay reinstates the stay under § 362.

Sean Ryan Batcheler · filed 2019-09-24

Termination of the Stay Relief Order is effective immediately upon entry of this Order, and the automatic stay pursuant to 11 U.S.C. § 362 is re-instated.

Terminating an order granting relief from the automatic stay reinstates the stay under § 362 immediately.

Olivia Diane Soden · filed 2019-09-24

Termination of the Stay Relief Order is effective immediately upon entry of this Order, and the automatic stay pursuant to 11 U.S.C. § 362 is re-instated.

Section 362(c) ends the stay of acts against estate property when the property leaves the estate and ends the stay of other acts when an individual Chapter 7 debtor receives a discharge.

Michael D. Scott · filed 2019-09-30(c)

The significance of these events in the context of the Motion to Stay Pending Appeal analysis is that even if the Debtor is successful in getting the Relief From Stay Order reversed on appeal, the automatic stay would nonetheless be terminated by operation of 11 U.S.C. § 362(c)—either by the Debtor’s exemption and the Chapter 7 Trustee’s abandonment of the Stable Property (§ 362(c)(1)) or by the subsequent entry of discharge (§ 362(c)(2)).

Section 362(c) ends the automatic stay of a case against a debtor when the debtor receives a bankruptcy discharge.

Roeslein & Associates, Inc. v. Elgin · filed 2019-11-27(c)

The discharge of debt in bankruptcy proceedings serves to lift the automatic stay of § 362.

A bankruptcy court may deny an extension of the automatic stay when the debtor filed the bankruptcy case in bad faith.

In re: Bartley · filed 2019-12-02

Consequently, extending the automatic bankruptcy stay would have only compounded the issues flowing from the Appellant’s bad faith filing of the Chapter 13 bankruptcy case.

Section 362(c)(2) ends the automatic stay when the bankruptcy case is dismissed.

JAGER v. INFIRST BANK · filed 2019-12-05(c)(2)

Importantly, however, pursuant to § 362(c)(2) the automatic stay imposed under § 362(a) remains in effect only until the bankruptcy case is closed or dismissed, or a discharge is entered or denied.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Bautista Vs. Picone · filed 2019-11-26(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)'s automatic stay terminates as to foreclosure under a conditional stay-modification order when the debtor fails to cure the specified default by the deadline.

William Haymore Brammer, Jr. · filed 2019-12-10(a)

Under the terms of the Consent Order, the automatic stay terminated to permit the mortgagee to proceed with foreclosure effective as of September 16, 2019, after the debtor failed by September 15, 2019, to cure the default.

Section 362(c)(2) terminates the automatic stay immediately when a bankruptcy case is dismissed.

Ross v. Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust · filed 2019-12-26(c)(2)

Here, the dismissal of Ross’ petition immediately terminated the automatic stay.

The automatic stay terminates when the debtor receives a discharge, so later collection activity cannot violate that stay.

McCoy v. Mississippi Department of Revenue · filed 2020-02-03(c)(2)

As the MDOR points out, however, the automatic stay under § 362(a) in the Current Case terminated on August 8, 2018 when the Court entered the discharge order. ... For that reason, MDOR’s actions in May and June of 2019 after entry of the discharge could not have violated the automatic stay and the Court’s analysis need not proceed any further.

The automatic stay terminates when the court grants a discharge, so conduct after discharge cannot violate the stay.

Linda Hays McCoy · filed 2020-02-03(c)(2)

As the MDOR points out, however, the automatic stay under § 362(a) in the Current Case terminated on August 8, 2018 when the Court entered the discharge order.

Section 362(c)(2)(A) ends the automatic stay of actions against a debtor when the bankruptcy case is closed.

BrightStar Franchising, LLC v. Northern Nevada Care, Inc. · filed 2020-02-11(c)(2)(A)

Because NNC’s bankruptcy case is closed, the automatic stay is no longer in effect.

An automatic stay ends when the bankruptcy court lifts it, even if a motion to reconsider remains pending.

Myers v. United States Trustee · filed 2020-02-13

An automatic stay terminates once the Bankruptcy Court lifts it, regardless of pending motions to reconsider.

An automatic stay terminates when the bankruptcy court lifts it, even while a motion to reconsider remains pending.

US Trustee - Greenbelt, 11 v. Myers · filed 2020-02-13

An automatic stay terminates once the Bankruptcy Court lifts it, regardless of pending motions to reconsider.

Section 362(a)(1) makes claims filed against debtors during the automatic stay void from the outset unless the bankruptcy court grants relief from the stay.

Jones v. National Union Fire Insurance Company of Pittsburgh PA · filed 2020-02-18(a)(1)

Thus, the claims asserted against Oak Grove and Seneca violate the automatic stay and are void ab initio.

Section 362(a) bars filing or continuing a lawsuit against a debtor during the automatic stay, and proceedings conducted in violation of the stay are void.

Delali Dedo · filed 2020-02-24(a)

However, the automatic stay of 11 U.S.C. § 362(a) barred the filing of the complaint in the Superior Court and the continued litigation of that complaint. Accordingly, the proceedings in the Superior Court are void.

Section 362’s automatic stay no longer applies after the bankruptcy case is dismissed.

Wells Fargo Bank, N.A. v. Mesh Suture Inc. · filed 2020-03-03

However, with the Puerto Rico bankruptcy case dismissed, there is no automatic stay to apply to this action, even if this Court or the Tenth Circuit were to reach the merits of Schwartz’s challenge to the automatic stay order.

Section 362 automatically stays further action in an appeal after an appellant files for Chapter 11 bankruptcy.

Pearl Resources LLC and Pearl Resources Operating Co., LLC v. Charger Services, LLC · filed 2020-03-05

Pursuant to 11 U.S.C. § 362, any further action in this appeal is automatically stayed.

Section 362(c)(2) ends the automatic stay when the bankruptcy case is dismissed.

Corriette v. Scohn Enterprises, Inc. · filed 2020-03-18(c)(2)

The automatic stay lasts only while the bankruptcy case is pending.

Section 362 does not support a claim that a foreclosure sale violated the automatic stay when the alleged sale never occurred.

Lyall v. Bank of America · filed 2020-03-20

Plaintiff’s claim for violation of the stay has no basis given that the foreclosure sale never occurred in August 2019.

Section 362(a) makes the automatic stay effective upon filing the bankruptcy petition, so enforcing it does not require proof of the preliminary injunction factors.

In re: THG Holdings LLC · filed 2020-03-27(a)

The Court agrees that, “having concluded that the post-petition Medicare reimbursement payments are property of the estate and that the Defendants have violated the automatic stay,” id. at 161-62, True Health was not required to establish the preliminary ... injunction factors. The Order enforces the automatic stay, which is “self-effectuating, effective upon the filing of the bankruptcy petition.”

Section 362(c)(2)(A) terminates the automatic stay when a bankruptcy case is administratively closed.

Ragone, Jr. v. Pizza Pan Elyria, LLC · filed 2020-03-31(c)(2)(A)

The Debtor’s Chapter 7 case was administratively closed on February 5, 2014 [Case No. 13-51335, Doc. #26], terminating the automatic stay by operation of law.

An automatic stay ends when the bankruptcy case is dismissed.

Gail Fox and Ralph Wass v. Ocwen Loan Servicing, LLC and HSBC Bank USA, National Association, as Trustee for SG Mortgage · filed 2020-05-05(a)

An automatic stay under 11 U.S.C. § 362(a) is lifted when the bankruptcy case is dismissed.

Section 362(a) supports staying a pending appeal when court records show that a party has filed a bankruptcy petition.

Hani Hafiz Ibrahim Qutiefan v. Safi · filed 2020-05-07(a)

This appeal is stayed pursuant to the court records filed by appellant alleging that a bankruptcy petition has been filed in the United States Bankruptcy Court for the Southern District of Texas. See 11 U.S.C. § 362(a) (automatic stay in bankruptcy).

Section 362(c)(2)(C) ends the automatic stay upon discharge, ending the period in which the IRS is stayed from collecting a tax debt.

Larry S Ford and Crystal A Ford · filed 2020-05-15(c)(2)(C)

The automatic stay of § 362(a) in Case #1 ceased to exist upon the date of Discharge.

Section 362’s stay of an action against a debtor ends when the debtor receives a bankruptcy discharge.

Gaither v. Davi Transportation Services, LLC · filed 2020-05-22(c)(2)(C)

The Court subsequently learned that the bankruptcy court had granted a discharge to Mr. Davis on March 26, 2019, thereby terminating the automatic stay.

Section 362(a) does not prohibit a landlord’s repossession of an apartment completed before the automatic stay takes effect.

MOOLENAAR · filed 2020-08-21(a)

No violation of the automatic stay occurred because the landlord repossessed Moolenaar’s apartment before the effective date of the automatic stay.

Section 362 can stay a pending appeal when the appellants file for bankruptcy protection.

WC 1st and Trinity, LP WC 1st and Trinity GP, LLC WC 3rd and Congress, LP And WC 3rd and Congress GP, LLC v. the Roy F. · filed 2020-10-02

Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362(c)(2)(B) terminates the automatic stay when the bankruptcy case is dismissed.

Kramer · filed 2020-11-25(c)(2)(B)

In turn, the bankruptcy court prudently dismissed the case and in doing so the automatic stay terminated.

Section 362(c)(2)(C) automatically ends the stay against an individual Chapter 7 debtor and the debtor’s property when the court enters the discharge.

In re: Leonard Nyamusevya, Sr. · filed 2021-01-20(c)(2)(C)

Similarly, to the extent the automatic stay enjoined actions or proceedings “against the debtor” personally under § 362(a) or “against property of the debtor,” the bankruptcy court correctly applied § 362(c)(2)(C), which terminated that aspect of the automatic stay automatically upon the entry of the discharge on November 21, 2019.

Section 362 automatically stays further action in a pending appeal when the appellee files for Chapter 13 bankruptcy.

Healy v. Barron · filed 2021-03-25

Pursuant to 11 U.S.C. § 362, any further action in this appeal is automatically stayed.

The automatic stay ends as to estate property upon abandonment and as to the debtor upon discharge.

First Volunteer Bank v. FMM Bushnell, LLC · filed 2021-09-10(c)(1), (c)(2)(C)

The combination of Mr. Mixson’s ... discharge and the abandonment of the Airpark Property terminated the automatic stay.

Section 362(a) does not bar a foreclosure action that an order terminating the automatic stay expressly permits.

New Century TRS Holdings, Inc. and Michael J Missal · filed 2021-10-12(a)

The Stay Termination Order discussed above negates her argument that Wells Fargo’s foreclosure counterclaim violated the automatic stay since that Order expressly granted relief from the stay “to permit the commencement or continuation of any action to foreclose upon or extinguish an interest in real property listed in the title records as being held by a Debtor.”

A claim for violation of the automatic stay must be pursued in bankruptcy court; this district court refers such a claim there under its general order.

Mohanna v. Deutsche Bank National Trust Company · filed 2021-10-25

This Court agrees that this is the appropriate approach here. The bottom line is that this Court cannot resolve Plaintiff’s claim for violation of the automatic stay.

The automatic stay terminates when the debtor’s Chapter 7 case is dismissed.

Lam v. Jenkins · filed 2021-11-10

The court takes judicial notice of bankruptcy court documents filed here by Jenkins on January 30, 2020, as well as documents filed in the United States Bankruptcy Court, District of Hawaii, in which the bankruptcy court entered an order dismissing Jenkins' Chapter 7 bankruptcy case, No. 19-01233, on October 25, 2019. See Hawaii Rules of Evidence Rule 201. It thus appears that the bankruptcy stay has been terminated.

Section 362(c) ends the automatic stay when the bankruptcy case closes after the estate is fully administered.

Plesha v. Bestline International Research, Inc. · filed 2021-11-16(c)

On January 8, 2020, the bankruptcy court issued a final decree that defendant’s estate had been fully administered and the bankruptcy case closed, see Final Decree, In re BestLine International Research, Inc., No. 19-11853 (Bankr. N.D.N.Y. Jan. 8, 2020), ECF No. 6, extinguishing the stay, see 11 U.S.C. § 362(c).

Section 362(a)’s stay of litigation against a debtor may be lifted after the debtor’s bankruptcy proceeding closes.

Giron v. Zeytuna, Inc. · filed 2021-12-06(a)

Thus, with the bankruptcy proceedings against Defendant Zeytuna, Inc. having been closed and the motion practice in this case restarted, it is hereby ORDERED that the stay entered on June 1, 2021 pursuant to 11 U.S.C. § 362(a) is LIFTED.

Section 362(c)(2)(C) terminates the automatic stay of an appeal upon the debtor’s discharge.

LaPeter v. LaPeter · filed 2021-12-10(c)(2)(C)

Hamilton, who is not Appellant's counsel in this case but responded on Appellant's behalf, provided a certified copy of the bankruptcy court's March 30, 2020 order discharging Appellant's debt under chapter 11 of the Bankruptcy Code, which effectively terminated the automatic stay of this appeal that was in effect under 11 U.S.C. § 362(a)(1) (2010) and HRAP Rule 54(c).

Section 362(c)(2)(C) terminates the automatic stay when a debtor receives a discharge, so collection notices sent afterward do not violate the stay.

Poole v. Maxx Fitness Clubzz · filed 2022-03-31(c)(2)(C)

The granting of a discharge terminates the automatic stay. §362(c)(2)(C). All of Defendant-Creditor’s collection notices were sent after the stay terminated. [Doc. #1, p. 5; Doc. #17, p. 3]. Thus, the court finds that Defendant-Creditor’s actions did not violate the automatic stay because the stay had already terminated by operation of law.

Section 362(c)(2)(B) ends the automatic stay when the bankruptcy case is dismissed.

Banks · filed 2022-04-06(c)(2)(B)

And with that dismissal, the automatic stay imposed by the bankruptcy proceedings is no longer in effect.

Section 362’s automatic stay, incorporated into PROMESA Title III, stays a monetary damages claim against a covered Puerto Rico debtor.

Rosario-Diaz v. Commonwealth of Puerto Rico · filed 2022-07-13

The automatic stay applies to this case regarding Plaintiff’s request for monetary damages. The case is thus stayed pursuant to 48 U.S.C. §2161 and 11 U.S.C. §§ 362 and 922.

Section 362, as incorporated into PROMESA Title III, stays a suit seeking monetary damages from the Commonwealth of Puerto Rico.

James-Febo v. Negociado Del Cuerpo de Bomberos de Puerto Rico · filed 2022-07-15

The automatic stay applies to this case regarding Plaintiff’s request for monetary damages. The case is thus stayed pursuant to 48 U.S.C. §2161 and 11 U.S.C. §§ 362 and 922.

Section 362(c)(2)(C) ends the automatic stay when a discharge is granted.

Rauso v. Martinez · filed 2022-10-04(c)(2)(C)

However, as Rauso recognizes in his brief, the automatic stay ends when a discharge is granted.

Section 362(a) automatically stays an appeal against a debtor or the debtor’s property when a bankruptcy petition is filed.

Texas Funding Corporation v. Ana Josefa Garcia De Los Salmones, as Trustee of F.E.F.Y. Trust · filed 2022-10-06(a)

Accordingly, it is ordered that this appeal is stayed. See 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor’s property).

Section 362(c)(2)(C) keeps the automatic stay in place after confirmation of an individual debtor’s chapter 11 plan until the bankruptcy court grants or denies a discharge, unless another statutory termination condition occurs.

Daniel Cochran & Kelley Cochran · filed 2022-10-12(c)(2)(C)

Title 11 U.S.C. § 1141(d)(5) clearly provides in relevant part that any debt provided for in the plan is not discharged until (i) the bankruptcy court grants a discharge on completion of all payments under the plan or (ii) a bankruptcy court grants a discharge before that time after notice and a hearing. Because neither of these events has occurred, the automatic stay remains in place.

A stay imposed under Section 362 on a state court action ends when the bankruptcy case is dismissed.

TAGGART · filed 2022-12-06

The Bankruptcy Court’s dismissal of the Bankruptcy Petition/Case effectively lifted the stay of proceedings entered in relationship to the state court quiet title action that was filed by Taggart.

Under § 362(c)(2)(C), a Chapter 7 discharge ends the automatic stay, rendering an appeal seeking only to restore that stay moot.

Askri v. Specialized Loan Servicing LLC · filed 2023-02-17(c)(2)(C)

But because the bankruptcy court’s entry of a discharge removes the shield of an automatic stay by operation of the law, the status quo can no longer be reinstated.

Section 362(c)(1) and (2) terminate the automatic stay upon discharge and closing of the case, making a pending motion for relief from the stay moot.

Andre Vatrece Marlin · filed 2023-05-16(c)(1), (2)

Because discharge and closing of the case terminated the automatic stay, 11 U.S.C. § 362(c)(1), (2), Nationstar’s motion for relief from it was moot, and the Court did not enter an order on it.

Section 362(c)(2)(C) ends the automatic stay upon issuance of an order discharging the debtor.

Lewis v. PHH Mortgage Corporation · filed 2023-05-22(c)(2)(C)

Alternatively, the stay dissolved as a matter of law upon issuance of the order of discharge by the bankruptcy court pursuant to 11 U.S.C. § 362(c)(2)(C).

Section 362(a) automatically stays the continuation of a judicial action against a defendant upon the commencement of the defendant’s Chapter 11 case.

Perez-Pinon v. Instant Brands, LLC · filed 2024-04-19(a)

Considering the parties’ notices and 11 U.S.C. § 362(a) of the Bankruptcy Code, which provides that the commencement of a Chapter 11 case operates as a stay of the continuation of a judicial action against a defendant, an automatic stay of these proceedings is now in effect.

Section 362(c)(2) terminates the automatic stay when the debtor voluntarily dismisses the bankruptcy case.

Willie James Holloman, Jr. and Brenda Denice Holloman · filed 2024-06-07(c)(2)

The Debtors’ stipulation to in rem stay relief regarding the Ten Parcels, and their motion for voluntary dismissal of Case No. 24-41084, render moot the Debtors’ complaints with respect to the Court’s denial of the Stay Extension Motion because the Debtors themselves took actions that: (i) granted stay relief to the Oakland County Treasurer with respect to the Ten Parcels, and (11) terminated the automatic stay pursuant to 11 U.S.C. § 362(c)(2).

Section 362(c)(2)(C) ends the automatic stay no later than the grant or denial of a discharge.

Henry v. Collection Professional, Inc · filed 2024-06-17(c)(2)(C)

Here, the automatic stay terminated on March 9, 2021, when the discharge injunction was granted.

Section 362(c) ends an automatic stay when the bankruptcy case closes or is dismissed, or when a discharge is granted or denied, whichever occurs first.

Steven D'Agostino v. · filed 2024-07-25(c)

Although he believes this will continue to impair his collection until the plan’s conclusion in March 2026, an automatic stay lifts at the earliest of: the time the case is closed; the time the case is dismissed; or the time a discharge of the debtor’s obligations is granted or denied.

Section 362 requires a stay of a pending case and cancellation of a scheduled hearing when a defendant files for bankruptcy.

United States v. Guy · filed 2024-09-12

Such stay is required under the Bankruptcy Code, as is cancellation of the scheduled hearing. See 11 U.S.C. § 362; Skillforce, Inc. v. Hafer, 509 B.R. 523, 528–30 (E.D. Va. 2014) (holding that post-petition status conference violated automatic stay). The court therefore STAYS this case during the pendency of Neill Guy’s bankruptcy.

Section 362(c)(1) ends the automatic stay against estate property when dismissal of the bankruptcy case divests the estate of that property.

Blas v. Bank of America, N.A. · filed 2024-09-13(c)(1)

In March 2024, the automatic stay against property of the estate terminated because the dismissal of the bankruptcy proceedings divested the estate of the property.

Section 362 can stay an appeal, which may be administratively closed until the stay is lifted or proceedings may otherwise continue.

Vhr Properties, Inc v. Santander Financial Services Inc · filed 2024-10-04

A la Moción Solicitud de Paralización Conforme 11 USC §362, presentada el 3 de octubre de 2024, por la parte apelada, Planet Home Lending, LLC., ha lugar. Se ordena el archivo administrativo del recurso presentado, reservándonos jurisdicción para decretar la reapertura de este, en caso de que dicha paralización sea dejada sin efecto o hasta que por otro fundamento proceda continuar con los procedimientos.

Section 362 stays claims against a defendant who has filed a Chapter 13 bankruptcy petition.

Green Mountain Holdings (Cayman) Ltd. v. Fasullo · filed 2024-12-06

Accordingly, it is hereby ORDERED that the claims in this action are stayed pursuant to 11 U.S.C. § 362.

Section 362(c)(2)(B) ends the automatic stay when the bankruptcy case is dismissed.

Southern · filed 2024-12-20(c)(2)(B)

A bankruptcy proceedings’ automatic stay is no longer in effect if the bankruptcy proceeding is dismissed.

Section 362’s automatic stay does not cover a mortgage assignment completed before the bankruptcy filing.

Merriweather v. Federal Home Loan Mortgage Corporation · filed 2025-06-03

The mortgage assignment therefore would not have been subject to a stay in the bankruptcy proceedings because it predated the bankruptcy.

A claim for violation of the automatic stay requires facts showing that the defendant violated the stay, acted willfully, and injured the debtor.

Spann v. Vanderbilt Mortgage and Finance, Inc. · filed 2025-06-05(a)

Here, Plaintiff has not alleged any facts to indicate that Defendant violated a stay imposed by § 362(a), that any violation was willful, and that she was injured by the violation.

A claim for violating the § 362(a) automatic stay requires facts showing a stay violation, willfulness, and injury.

Spann v. Vanderbilt Mortgage and Finance, Inc. · filed 2025-06-20(a)

In addition, the Magistrate Judge explained that, to the extent the Court does have subject matter jurisdiction, Plaintiff’s complaint is subject to dismissal for failure to state a claim because Plaintiff does not allege facts to indicate that Defendant violated a stay imposed by 11 U.S.C. § 362(a); that any violation was wilful; or that she was injured by the violation. ... Furthermore, even if the Court does have federal question jurisdiction, the Court also fully agrees with the Magistrate Judge that Plaintiff’s complaint fails to state a claim upon which relief may be granted.

Under § 362(c)(2), the automatic stay ends when an individual Chapter 7 debtor receives a discharge, making a pending motion for relief from the stay moot.

Torie L Collins · filed 2025-07-18(c)(2)

At the hearing on Creditor’s motion for relief from stay on April 15, 2025, the Court informed Creditor that its motion was rendered moot by the intervening order discharging Debtor, as the automatic stay terminated when the discharge was granted.

Section 362’s automatic stay cannot protect a judgment debtor who has not filed for bankruptcy.

Kelley v. Westford Special Situations Master Fund, L.P. · filed 2025-07-28

However, nothing before the Court suggests Mr. Stevanovich has filed for personal bankruptcy, nor has he stated that he intends to do so. This argument essentially asks the Court to adopt a bankruptcy stay without requiring Mr. Stevanovich to actually engage in the bankruptcy process.

Section 362’s automatic stay begins when the bankruptcy petition is filed, so a vehicle repossessed before filing does not violate the stay.

Jacqueline Natasha McGhee · filed 2025-08-05

Regardless, both dates were prior to the Petition Date and therefore the Court concludes that the repossession took place before the automatic stay was in place. Accordingly, Debtor has failed to establish that ACA violated the automatic stay—willfully or otherwise.

Section 362(c) ends the automatic stay when the bankruptcy case is dismissed and closed; a pending bankruptcy appeal does not continue the stay without a new stay order.

Brothers of the Wheel M.C. Executive Council, Inc. v. Mollohan · filed 2025-08-29(c)

However, the automatic stay imposed when the bankruptcy petition was filed ceased when the bankruptcy court dismissed and closed the bankruptcy case and Defendant has not obtained a stay from the district court in the bankruptcy appeal.

Section 362(c)(2)(B) terminates the automatic stay against a debtor when the bankruptcy case is dismissed.

Rapp v. Schmidt · filed 2025-09-15(c)(2)(B)

The bankruptcy stay terminated as to Thomas on January 6, 2016, when his case was dismissed.

Section 362(c)(2)(B) ends the automatic stay when the bankruptcy case is dismissed.

Jermaine Franklin Jr., Inc. v. Haak · filed 2025-10-02(c)(2)(B)

That bankruptcy case concluded on September 15, 2025, so we dissolved the abeyance. See id. § 362(c)(2)(B) (automatically lifting the stay when the bankruptcy case is dismissed).

In a Chapter 7 proceeding, the automatic stay ends when a discharge is granted or denied.

Donnelly · filed 2025-10-14(c)(2)(C)

In a Chapter 7 proceeding, the stay lifts at “the time a discharge is granted or denied,” 11 U.S.C. § 362(c)(2)(C), and a docket entry of February 7, 2024 in Anand’s bankruptcy case states, “Discharge of Debtor(s).”

Section 362’s automatic stay does not bar foreclosure actions or judgments entered after the stay ends.

In re Lehman Brothers Holdings Inc. · filed 2025-09-29(a)

The 2013 foreclosure action and the December 15, 2015 foreclosure judgment therefore postdate the end of the automatic stay and, as such, did not violate the automatic stay.

A government agency’s failure to reinstate a driver’s license suspended before bankruptcy, without an affirmative act, does not violate the automatic stay under § 362(a).

Ryan Ray Lamb · filed 2026-01-15(a)

The Department’s alleged failure to reinstate Debtor’s driver’s license, alleged failure to follow its own reinstatement procedures, and alleged refusal to reinstate Debtor’s driver’s license in contravention of Kan. Stat. Ann. § 8-2110, even if subsequently proven, are not actions prohibited by the § 362 automatic stay.