Law Offices of:
Robert N Zimmerman, Jr.
(813) 655-4900
1106 N Parsons Ave., Ste 202
Brandon, FL 33511
Free Consultation, including consultation by phone
Want to talk about bankruptcy without being pressured?
Write my number down or email questions to bobz765@yahoo.com
Serving Hillsborough, Pasco and Pinellas Counties
Robert N. Zimmerman, Jr. (813) 655-4900
The scope of that automatic stay is very broad and it is intended to give the debtor a break from harassment of creditors and to protect property, especially property of the estate.
Below is an outline of things not stayed by § 362 of the Bankruptcy Code. Please remember, § 362 is a very lengthy section and this site intends to speak to individual consumer debtors. Consequently, things unlikely to apply to a consumer debtor are not mentioned.
The filing of a bankruptcy petition does not stay:
(1) A criminal proceeding against the Debtor
(2) (A) A proceeding
(i) to establish paternity
(ii) to establish or modify a domestic support order
(iii) concerning child custody or visitation
(iv) for dissolution of marriage EXCEPT
TO THE EXTENT IT SEEKS TO DIVIDE ESTATE PROPERTY
(v) regarding domestic violence
(b)(2)(B) The collection of a domestic support obligation from non-estate property
(b)(2)(C) The withholding of income for domestic support, even if the income is property of the estate, it can still be withheld.
(b)(2)(D) The suspension of a license, under state law, as specified in 466(a)(16) of the Social Security Act.
(b)(2)(E) The reporting of past due child support to a consumer reporting agency.
(b)(2)(F) Interception of a TAX refund (for child support??)
(9) (A) an audit to determine a tax liability
(B) issuance of a notice of tax deficiency
(C) a demand for tax returns
(D) making of a tax assessment
(10) An action for possession of nonresidential real property that was leased and the lease expired (11) The presentment of a negotiable instrument, notice of dishonor
(18) The creation of a statutory lien arising from a property tax that becomes due post-pet.
(19) Withholding wages for retirement plan to the extent that amounts withheld are related to a loan
(20) An action to enforce a lien against a security interest in real property:
IF
An order under (d)(4) was entered within the last 2 years. But the Debtor may move for relief from such order.
note: (d)(4) refers to an order that finds that the Debtor file a BK as part of a scheme to hinder, delay and defraud. But requires State Law recording.
(21) An act to enforce a lien against real property
(A) IF The Debtor is not eligible under §109(g) to be a debtor.
note: §109(g) A Debtor cannot be a debtor if within 180 days a prior case was dismissed for willful failure to comply with a Court order or dismissed after a motion for relief of stay.
OR
(B) If in a prior case the Court entered an order prohibiting the Debtor from being a Debtor
(22) The enforcement of a Judgment for eviction of a residential tenant,
IF
The judgment was obtained before filing the petition.
(23) Eviction of a residential tenant
IF
The eviction is based on endangerment of the property or illegal drug use on the property.
(24) Under subsection (a), any transfer that is not avoidable under §544 or §549
(26) A set-off of income tax refund by a govt. unit with respect to a tax period that ended pre-petition for a liability that also arose pre-petition. Unless non-bankruptcy law does not allow that but even then the tax refund can still be held pending resolution.