11 U.S.C. § 362 : US Code - Section 362: Automatic stay

      (a) Except as provided in subsection (b) of this section, a
    petition filed under section 301, 302, or 303 of this title, or an
    application filed under section 5(a)(3) of the Securities Investor
    Protection Act of 1970, operates as a stay, applicable to all
    entities, of - 
        (1) the commencement or continuation, including the issuance or
      employment of process, of a judicial, administrative, or other
      action or proceeding against the debtor that was or could have
      been commenced before the commencement of the case under this
      title, or to recover a claim against the debtor that arose before
      the commencement of the case under this title;
        (2) the enforcement, against the debtor or against property of
      the estate, of a judgment obtained before the commencement of the
      case under this title;
        (3) any act to obtain possession of property of the estate or
      of property from the estate or to exercise control over property
      of the estate;
        (4) any act to create, perfect, or enforce any lien against
      property of the estate;
        (5) any act to create, perfect, or enforce against property of
      the debtor any lien to the extent that such lien secures a claim
      that arose before the commencement of the case under this title;
        (6) any act to collect, assess, or recover a claim against the
      debtor that arose before the commencement of the case under this
      title;
        (7) the setoff of any debt owing to the debtor that arose
      before the commencement of the case under this title against any
      claim against the debtor; and
        (8) the commencement or continuation of a proceeding before the
      United States Tax Court concerning a tax liability of a debtor
      that is a corporation 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.

      (b) The filing of a petition under section 301, 302, or 303 of
    this title, or of an application under section 5(a)(3) of the
    Securities Investor Protection Act of 1970, does not operate as a
    stay - 
        (1) under subsection (a) of this section, of the commencement
      or continuation of a criminal action or proceeding against the
      debtor;
        (2) under subsection (a) - 
          (A) of the commencement or continuation of a civil action or
        proceeding - 
            (i) for the establishment of paternity;
            (ii) for the establishment or modification of an order for
          domestic support obligations;
            (iii) concerning child custody or visitation;
            (iv) for the dissolution of a marriage, except to the
          extent that such proceeding seeks to determine the division
          of property that is property of the estate; or
            (v) regarding domestic violence;

          (B) of the collection of a domestic support obligation from
        property that is not property of the estate;
          (C) with respect to the withholding of income that is
        property of the estate or property of the debtor for payment of
        a domestic support obligation under a judicial or
        administrative order or a statute;
          (D) of the withholding, suspension, or restriction of a
        driver's license, a professional or occupational license, or a
        recreational license, under State law, as specified in section
        466(a)(16) of the Social Security Act;
          (E) of the reporting of overdue support owed by a parent to
        any consumer reporting agency as specified in section 466(a)(7)
        of the Social Security Act;
          (F) of the interception of a tax refund, as specified in
        sections 464 and 466(a)(3) of the Social Security Act or under
        an analogous State law; or
          (G) of the enforcement of a medical obligation, as specified
        under title IV of the Social Security Act;

        (3) under subsection (a) of this section, of any act to
      perfect, or to maintain or continue the perfection of, an
      interest in property to the extent that the trustee's rights and
      powers are subject to such perfection under section 546(b) of
      this title or to the extent that such act is accomplished within
      the period provided under section 547(e)(2)(A) of this title;
        (4) under paragraph (1), (2), (3), or (6) of subsection (a) of
      this section, of the commencement or continuation of an action or
      proceeding by a governmental unit or any organization exercising
      authority under the Convention on the Prohibition of the
      Development, Production, Stockpiling and Use of Chemical Weapons
      and on Their Destruction, opened for signature on January 13,
      1993, to enforce such governmental unit's or organization's
      police and regulatory power, including the enforcement of a
      judgment other than a money judgment, obtained in an action or
      proceeding by the governmental unit to enforce such governmental
      unit's or organization's police or regulatory power;
        [(5) Repealed. Pub. L. 105-277, div. I, title VI, Sec. 603(1),
      Oct. 21, 1998, 112 Stat. 2681-866;]
        (6) under subsection (a) of this section, of the exercise by a
      commodity broker, forward contract merchant, stockbroker,
      financial institution, financial participant, or securities
      clearing agency of any contractual right (as defined in section
      555 or 556) under any security agreement or arrangement or other
      credit enhancement forming a part of or related to any commodity
      contract, forward contract or securities contract, or of any
      contractual right (as defined in section 555 or 556) to offset or
      net out any termination value, payment amount, or other transfer
      obligation arising under or in connection with 1 or more such
      contracts, including any master agreement for such contracts;
        (7) under subsection (a) of this section, of the exercise by a
      repo participant or financial participant of any contractual
      right (as defined in section 559) under any security agreement or
      arrangement or other credit enhancement forming a part of or
      related to any repurchase agreement, or of any contractual right
      (as defined in section 559) to offset or net out any termination
      value, payment amount, or other transfer obligation arising under
      or in connection with 1 or more such agreements, including any
      master agreement for such agreements;
        (8) under subsection (a) of this section, of the commencement
      of any action by the Secretary of Housing and Urban Development
      to foreclose a mortgage or deed of trust in any case in which the
      mortgage or deed of trust held by the Secretary is insured or was
      formerly insured under the National Housing Act and covers
      property, or combinations of property, consisting of five or more
      living units;
        (9) under subsection (a), of - 
          (A) an audit by a governmental unit to determine tax
        liability;
          (B) the issuance to the debtor by a governmental unit of a
        notice of tax deficiency;
          (C) a demand for tax returns; or
          (D) the making of an assessment for any tax and issuance of a
        notice and demand for payment of such an assessment (but any
        tax lien that would otherwise attach to property of the estate
        by reason of such an assessment shall not take effect unless
        such tax is a debt of the debtor that will not be discharged in
        the case and such property or its proceeds are transferred out
        of the estate to, or otherwise revested in, the debtor).

        (10) under subsection (a) of this section, of any act by a
      lessor to the debtor under a lease of nonresidential real
      property that has terminated by the expiration of the stated term
      of the lease before the commencement of or during a case under
      this title to obtain possession of such property;
        (11) under subsection (a) of this section, of the presentment
      of a negotiable instrument and the giving of notice of and
      protesting dishonor of such an instrument;
        (12) under subsection (a) of this section, after the date which
      is 90 days after the filing of such petition, of the commencement
      or continuation, and conclusion to the entry of final judgment,
      of an action which involves a debtor subject to reorganization
      pursuant to chapter 11 of this title and which was brought by the
      Secretary of Transportation under section 31325 of title 46
      (including distribution of any proceeds of sale) to foreclose a
      preferred ship or fleet mortgage, or a security interest in or
      relating to a vessel or vessel under construction, held by the
      Secretary of Transportation under chapter 537 of title 46 or
      section 109(h) of title 49, or under applicable State law;
        (13) under subsection (a) of this section, after the date which
      is 90 days after the filing of such petition, of the commencement
      or continuation, and conclusion to the entry of final judgment,
      of an action which involves a debtor subject to reorganization
      pursuant to chapter 11 of this title and which was brought by the
      Secretary of Commerce under section 31325 of title 46 (including
      distribution of any proceeds of sale) to foreclose a preferred
      ship or fleet mortgage in a vessel or a mortgage, deed of trust,
      or other security interest in a fishing facility held by the
      Secretary of Commerce under chapter 537 of title 46;
        (14) under subsection (a) of this section, of any action by an
      accrediting agency regarding the accreditation status of the
      debtor as an educational institution;
        (15) under subsection (a) of this section, of any action by a
      State licensing body regarding the licensure of the debtor as an
      educational institution;
        (16) under subsection (a) of this section, of any action by a
      guaranty agency, as defined in section 435(j) of the Higher
      Education Act of 1965 or the Secretary of Education regarding the
      eligibility of the debtor to participate in programs authorized
      under such Act;
        (17) under subsection (a) of this section, of the exercise by a
      swap participant or financial participant of any contractual
      right (as defined in section 560) under any security agreement or
      arrangement or other credit enhancement forming a part of or
      related to any swap agreement, or of any contractual right (as
      defined in section 560) to offset or net out any termination
      value, payment amount, or other transfer obligation arising under
      or in connection with 1 or more such agreements, including any
      master agreement for such agreements;
        (18) under subsection (a) of the creation or perfection of a
      statutory lien for an ad valorem property tax, or a special tax
      or special assessment on real property whether or not ad valorem,
      imposed by a governmental unit, if such tax or assessment comes
      due after the date of the filing of the petition;
        (19) under subsection (a), of withholding of income from a
      debtor's wages and collection of amounts withheld, under the
      debtor's agreement authorizing that withholding and collection
      for the benefit of a pension, profit-sharing, stock bonus, or
      other plan established under section 401, 403, 408, 408A, 414,
      457, or 501(c) of the Internal Revenue Code of 1986, that is
      sponsored by the employer of the debtor, or an affiliate,
      successor, or predecessor of such employer - 
          (A) to the extent that the amounts withheld and collected are
        used solely for payments relating to a loan from a plan under
        section 408(b)(1) of the Employee Retirement Income Security
        Act of 1974 or is subject to section 72(p) of the Internal
        Revenue Code of 1986; or
          (B) a loan from a thrift savings plan permitted under
        subchapter III of chapter 84 of title 5, that satisfies the
        requirements of section 8433(g) of such title;

      but nothing in this paragraph may be construed to provide that
      any loan made under a governmental plan under section 414(d), or
      a contract or account under section 403(b), of the Internal
      Revenue Code of 1986 constitutes a claim or a debt under this
      title;
        (20) under subsection (a), of any act to enforce any lien
      against or security interest in real property following entry of
      the order under subsection (d)(4) as to such real property in any
      prior case under this title, for a period of 2 years after the
      date of the entry of such an order, except that the debtor, in a
      subsequent case under this title, may move for relief from such
      order based upon changed circumstances or for other good cause
      shown, after notice and a hearing;
        (21) under subsection (a), of any act to enforce any lien
      against or security interest in real property - 
          (A) if the debtor is ineligible under section 109(g) to be a
        debtor in a case under this title; or
          (B) if the case under this title was filed in violation of a
        bankruptcy court order in a prior case under this title
        prohibiting the debtor from being a debtor in another case
        under this title;

        (22) subject to subsection (l), under subsection (a)(3), of the
      continuation of any eviction, unlawful detainer action, or
      similar proceeding by a lessor against a debtor involving
      residential property in which the debtor resides as a tenant
      under a lease or rental agreement and with respect to which the
      lessor has obtained before the date of the filing of the
      bankruptcy petition, a judgment for possession of such property
      against the debtor;
        (23) subject to subsection (m), under subsection (a)(3), of an
      eviction action that seeks possession of the residential property
      in which the debtor resides as a tenant under a lease or rental
      agreement based on endangerment of such property or the illegal
      use of controlled substances on such property, but only if the
      lessor files with the court, and serves upon the debtor, a
      certification under penalty of perjury that such an eviction
      action has been filed, or that the debtor, during the 30-day
      period preceding the date of the filing of the certification, has
      endangered property or illegally used or allowed to be used a
      controlled substance on the property;
        (24) under subsection (a), of any transfer that is not
      avoidable under section 544 and that is not avoidable under
      section 549;
        (25) under subsection (a), of - 
          (A) the commencement or continuation of an investigation or
        action by a securities self regulatory organization to enforce
        such organization's regulatory power;
          (B) the enforcement of an order or decision, other than for
        monetary sanctions, obtained in an action by such securities
        self regulatory organization to enforce such organization's
        regulatory power; or
          (C) any act taken by such securities self regulatory
        organization to delist, delete, or refuse to permit quotation
        of any stock that does not meet applicable regulatory
        requirements;

        (26) under subsection (a), of the setoff under applicable
      nonbankruptcy law of an income tax refund, by a governmental
      unit, with respect to a taxable period that ended before the date
      of the order for relief against an income tax liability for a
      taxable period that also ended before the date of the order for
      relief, except that in any case in which the setoff of an income
      tax refund is not permitted under applicable nonbankruptcy law
      because of a pending action to determine the amount or legality
      of a tax liability, the governmental unit may hold the refund
      pending the resolution of the action, unless the court, on the
      motion of the trustee and after notice and a hearing, grants the
      taxing authority adequate protection (within the meaning of
      section 361) for the secured claim of such authority in the
      setoff under section 506(a);
        (27) under subsection (a) of this section, of the exercise by a
      master netting agreement participant of any contractual right (as
      defined in section 555, 556, 559, or 560) under any security
      agreement or arrangement or other credit enhancement forming a
      part of or related to any master netting agreement, or of any
      contractual right (as defined in section 555, 556, 559, or 560)
      to offset or net out any termination value, payment amount, or
      other transfer obligation arising under or in connection with 1
      or more such master netting agreements to the extent that such
      participant is eligible to exercise such rights under paragraph
      (6), (7), or (17) for each individual contract covered by the
      master netting agreement in issue; and
        (28) under subsection (a), of the exclusion by the Secretary of
      Health and Human Services of the debtor from participation in the
      medicare program or any other Federal health care program (as
      defined in section 1128B(f) of the Social Security Act pursuant
      to title XI or XVIII of such Act).

    The provisions of paragraphs (12) and (13) of this subsection shall
    apply with respect to any such petition filed on or before December
    31, 1989.
      (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;
          (B) the time the case is dismissed; or
          (C) if the case is a case under chapter 7 of this title
        concerning an individual or a case under chapter 9, 11, 12, or
        13 of this title, the time a discharge is granted or denied;

        (3) if a single or joint case is filed by or against a debtor
      who is an individual in a case under chapter 7, 11, or 13, and if
      a single or joint case of the debtor was pending within the
      preceding 1-year period but was dismissed, other than a case
      refiled under a chapter other than chapter 7 after dismissal
      under section 707(b) - 
          (A) the stay under subsection (a) with respect to any action
        taken with respect to a debt or property securing such debt or
        with respect to any lease shall terminate with respect to the
        debtor on the 30th day after the filing of the later case;
          (B) on the motion of a party in interest for continuation of
        the automatic stay and upon notice and a hearing, the court may
        extend the stay in particular cases as to any or all creditors
        (subject to such conditions or limitations as the court may
        then impose) after notice and a hearing completed before the
        expiration of the 30-day period only if the party in interest
        demonstrates that the filing of the later case is in good faith
        as to the creditors to be stayed; and
          (C) for purposes of subparagraph (B), a case is presumptively
        filed not in good faith (but such presumption may be rebutted
        by clear and convincing evidence to the contrary) - 
            (i) as to all creditors, if - 
              (I) more than 1 previous case under any of chapters 7,
            11, and 13 in which the individual was a debtor was pending
            within the preceding 1-year period;
              (II) a previous case under any of chapters 7, 11, and 13
            in which the individual was a debtor was dismissed within
            such 1-year period, after the debtor failed to - 
                (aa) file or amend the petition or other documents as
              required by this title or the court without substantial
              excuse (but mere inadvertence or negligence shall not be
              a substantial excuse unless the dismissal was caused by
              the negligence of the debtor's attorney);
                (bb) provide adequate protection as ordered by the
              court; or
                (cc) perform the terms of a plan confirmed by the
              court; or

              (III) there has not been a substantial change in the
            financial or personal affairs of the debtor since the
            dismissal of the next most previous case under chapter 7,
            11, or 13 or any other reason to conclude that the later
            case will be concluded - 
                (aa) if a case under chapter 7, with a discharge; or
                (bb) if a case under chapter 11 or 13, with a confirmed
              plan that will be fully performed; and

            (ii) as to any creditor that commenced an action under
          subsection (d) in a previous case in which the individual was
          a debtor if, as of the date of dismissal of such case, that
          action was still pending or had been resolved by terminating,
          conditioning, or limiting the stay as to actions of such
          creditor; and

        (4)(A)(i) if a single or joint case is filed by or against a
      debtor who is an individual under this title, and if 2 or more
      single or joint cases of the debtor were pending within the
      previous year but were dismissed, other than a case refiled under
      a chapter other than chapter 7 after dismissal under section
      707(b), the stay under subsection (a) shall not go into effect
      upon the filing of the later case; and
        (ii) on request of a party in interest, the court shall
      promptly enter an order confirming that no stay is in effect;
        (B) if, within 30 days after the filing of the later case, a
      party in interest requests the court may order the stay to take
      effect in the case as to any or all creditors (subject to such
      conditions or limitations as the court may impose), after notice
      and a hearing, only if the party in interest demonstrates that
      the filing of the later case is in good faith as to the creditors
      to be stayed;
        (C) a stay imposed under subparagraph (B) shall be effective on
      the date of the entry of the order allowing the stay to go into
      effect; and
        (D) for purposes of subparagraph (B), a case is presumptively
      filed not in good faith (but such presumption may be rebutted by
      clear and convincing evidence to the contrary) - 
          (i) as to all creditors if - 
            (I) 2 or more previous cases under this title in which the
          individual was a debtor were pending within the 1-year
          period;
            (II) a previous case under this title in which the
          individual was a debtor was dismissed within the time period
          stated in this paragraph after the debtor failed to file or
          amend the petition or other documents as required by this
          title or the court without substantial excuse (but mere
          inadvertence or negligence shall not be substantial excuse
          unless the dismissal was caused by the negligence of the
          debtor's attorney), failed to provide adequate protection as
          ordered by the court, or failed to perform the terms of a
          plan confirmed by the court; or
            (III) there has not been a substantial change in the
          financial or personal affairs of the debtor since the
          dismissal of the next most previous case under this title, or
          any other reason to conclude that the later case will not be
          concluded, if a case under chapter 7, with a discharge, and
          if a case under chapter 11 or 13, with a confirmed plan that
          will be fully performed; or

          (ii) as to any creditor that commenced an action under
        subsection (d) in a previous case in which the individual was a
        debtor if, as of the date of dismissal of such case, such
        action was still pending or had been resolved by terminating,
        conditioning, or limiting the stay as to such action of such
        creditor.

      (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 - 
          (A) the debtor does not have an equity in such property; and
          (B) such property is not necessary to an effective
        reorganization;

        (3) with respect to a stay of an act against single asset real
      estate under subsection (a), by a creditor whose claim is secured
      by an interest in such real estate, unless, not later than the
      date that is 90 days after the entry of the order for relief (or
      such later date as the court may determine for cause by order
      entered within that 90-day period) or 30 days after the court
      determines that the debtor is subject to this paragraph,
      whichever is later - 
          (A) the debtor has filed a plan of reorganization that has a
        reasonable possibility of being confirmed within a reasonable
        time; or
          (B) the debtor has commenced monthly payments that - 
            (i) may, in the debtor's sole discretion, notwithstanding
          section 363(c)(2), be made from rents or other income
          generated before, on, or after the date of the commencement
          of the case by or from the property 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
          lien); and
            (ii) are in an amount equal to interest at the then
          applicable nondefault contract rate of interest on the value
          of the creditor's interest in the real estate; or

        (4) with respect to a stay of an act against real property
      under subsection (a), by a creditor whose claim is secured by an
      interest in such real property, if the court finds that the
      filing of the petition was part of a scheme to delay, hinder, or
      defraud creditors that involved either - 
          (A) transfer of all or part ownership of, or other interest
        in, such real property without the consent of the secured
        creditor or court approval; or
          (B) multiple bankruptcy filings affecting such real property.

    If recorded in compliance with applicable State laws governing
    notices of interests or liens in real property, an order entered
    under paragraph (4) shall be binding in any other case under this
    title purporting to affect such real property filed not later than
    2 years after the date of the entry of such order by the court,
    except that a debtor in a subsequent case under this title may move
    for relief from such order based upon changed circumstances or for
    good cause shown, after notice and a hearing. Any Federal, State,
    or local governmental unit that accepts notices of interests or
    liens in real property shall accept any certified copy of an order
    described in this subsection for indexing and recording.

      (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. A hearing under this subsection may be a preliminary
    hearing, or may be consolidated with the final hearing under
    subsection (d) of this section. 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 from such stay will
    prevail at the conclusion of such final hearing. If the hearing
    under this subsection is a preliminary hearing, then such final
    hearing shall be concluded not later than thirty days after the
    conclusion of such preliminary hearing, 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.
      (2) Notwithstanding paragraph (1), in a case under chapter 7, 11,
    or 13 in which the debtor is an individual, the stay under
    subsection (a) shall terminate on the date that is 60 days after a
    request is made by a party in interest under subsection (d), unless
    - 
        (A) a final decision is rendered by the court during the 60-day
      period beginning on the date of the request; or
        (B) such 60-day period is extended - 
          (i) by agreement of all parties in interest; or
          (ii) by the court for such specific period of time as the
        court finds is required for good cause, as described in
        findings made by the court.

      (f) Upon request of a party in interest, the court, with or
    without a hearing, shall grant such relief from the stay provided
    under subsection (a) of this section as is necessary to prevent
    irreparable damage to the interest of an entity in property, if
    such interest will suffer such damage before there is an
    opportunity for notice and a hearing under subsection (d) or (e) of
    this section.
      (g) In any hearing under subsection (d) or (e) of this section
    concerning relief from the stay of any act under subsection (a) of
    this section - 
        (1) the party requesting such relief has the burden of proof on
      the issue of the debtor's equity in property; and
        (2) the party opposing such relief has the burden of proof on
      all other issues.

      (h)(1) In a case in which the debtor is an individual, the stay
    provided by subsection (a) is terminated with respect to personal
    property of the estate or of the debtor securing in whole or in
    part a claim, or subject to an unexpired lease, and such personal
    property shall no longer be property of the estate if the debtor
    fails within the applicable time set by section 521(a)(2) - 
        (A) to file timely any statement of intention required under
      section 521(a)(2) with respect to such personal property or to
      indicate in such statement that the debtor will either surrender
      such personal property or retain it and, if retaining such
      personal property, either redeem such personal property pursuant
      to section 722, enter into an agreement of the kind specified in
      section 524(c) applicable to the debt secured by such personal
      property, or assume such unexpired lease pursuant to section
      365(p) if the trustee does not do so, as applicable; and
        (B) to take timely the action specified in such statement, as
      it may be amended before expiration of the period for taking
      action, unless such statement specifies the debtor's intention to
      reaffirm such debt on the original contract terms and the
      creditor refuses to agree to the reaffirmation on such terms.

      (2) Paragraph (1) does not apply if the court determines, on the
    motion of the trustee filed before the expiration of the applicable
    time set by section 521(a)(2), after notice and a hearing, that
    such personal property is of consequential value or benefit to the
    estate, and orders appropriate adequate protection of the
    creditor's interest, and orders the debtor to deliver any
    collateral in the debtor's possession to the trustee. If the court
    does not so determine, the stay provided by subsection (a) shall
    terminate upon the conclusion of the hearing on the motion.
      (i) If a case commenced under chapter 7, 11, or 13 is dismissed
    due to the creation of a debt repayment plan, for purposes of
    subsection (c)(3), any subsequent case commenced by the debtor
    under any such chapter shall not be presumed to be filed not in
    good faith.
      (j) On request of a party in interest, the court shall issue an
    order under subsection (c) confirming that the automatic stay has
    been terminated.
      (k)(1) Except as provided in paragraph (2), an individual injured
    by any willful violation of a stay provided by this section shall
    recover actual damages, including costs and attorneys' fees, and,
    in appropriate circumstances, may recover punitive damages.
      (2) If such violation is based on an action taken by an entity in
    the good faith belief that subsection (h) applies to the debtor,
    the recovery under paragraph (1) of this subsection against such
    entity shall be limited to actual damages.
      (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 - 
        (A) under nonbankruptcy law applicable in the jurisdiction,
      there are circumstances under which the debtor would be permitted
      to cure the entire monetary default that gave rise to the
      judgment for possession, after that judgment for possession was
      entered; and
        (B) the debtor (or an adult dependent of the debtor) has
      deposited with the clerk of the court, any rent that would become
      due during the 30-day period after the filing of the bankruptcy
      petition.

      (2) If, within the 30-day period after the filing of the
    bankruptcy petition, the debtor (or an adult dependent of the
    debtor) complies with paragraph (1) and files with the court and
    serves upon the lessor a further certification under penalty of
    perjury that the debtor (or an adult dependent of the debtor) has
    cured, under nonbankruptcy law applicable in the jurisdiction, the
    entire monetary default that gave rise to the judgment under which
    possession is sought by the lessor, subsection (b)(22) shall not
    apply, unless ordered to apply by the court under paragraph (3).
      (3)(A) If the lessor files an objection to any certification
    filed by the debtor under paragraph (1) or (2), and serves such
    objection upon the debtor, the court shall hold a hearing within 10
    days after the filing and service of such objection to determine if
    the certification filed by the debtor under paragraph (1) or (2) is
    true.
      (B) If the court upholds the objection of the lessor filed under
    subparagraph (A) - 
        (i) subsection (b)(22) shall apply immediately and relief from
      the stay provided under subsection (a)(3) shall not be required
      to enable the lessor to complete the process to recover full
      possession of the property; and
        (ii) the clerk of the court shall immediately serve upon the
      lessor and the debtor a certified copy of the court's order
      upholding the lessor's objection.

      (4) If a debtor, in accordance with paragraph (5), indicates on
    the petition that there was a judgment for possession of the
    residential rental property in which the debtor resides and does
    not file a certification under paragraph (1) or (2) - 
        (A) subsection (b)(22) shall apply immediately upon failure to
      file such certification, and relief from the stay provided under
      subsection (a)(3) shall not be required to enable the lessor to
      complete the process to recover full possession of the property;
      and
        (B) the clerk of the court shall immediately serve upon the
      lessor and the debtor a certified copy of the docket indicating
      the absence of a filed certification and the applicability of the
      exception to the stay under subsection (b)(22).

      (5)(A) Where a judgment for possession of residential property in
    which the debtor resides as a tenant under a lease or rental
    agreement has been obtained by the lessor, the debtor shall so
    indicate on the bankruptcy petition and shall provide the name and
    address of the lessor that obtained that pre-petition judgment on
    the petition and on any certification filed under this subsection.
      (B) The form of certification filed with the petition, as
    specified in this subsection, shall provide for the debtor to
    certify, and the debtor shall certify - 
        (i) whether a judgment for possession of residential rental
      housing in which the debtor resides has been obtained against the
      debtor before the date of the filing of the petition; and
        (ii) whether the debtor is claiming under paragraph (1) that
      under nonbankruptcy law applicable in the jurisdiction, there are
      circumstances under which the debtor would be permitted to cure
      the entire monetary default that gave rise to the judgment for
      possession, after that judgment of possession was entered, and
      has made the appropriate deposit with the court.

      (C) The standard forms (electronic and otherwise) used in a
    bankruptcy proceeding shall be amended to reflect the requirements
    of this subsection.
      (D) The clerk of the court shall arrange for the prompt
    transmittal of the rent deposited in accordance with paragraph
    (1)(B) to the lessor.
      (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.
      (B) If the debtor files and serves the objection under
    subparagraph (A), the court shall hold a hearing within 10 days
    after the filing and service of such objection to determine if the
    situation giving rise to the lessor's certification under paragraph
    (1) existed or has been remedied.
      (C) If the debtor can demonstrate to the satisfaction of the
    court that the situation giving rise to the lessor's certification
    under paragraph (1) did not exist or has been remedied, the stay
    provided under subsection (a)(3) shall remain in effect until the
    termination of the stay under this section.
      (D) If the debtor cannot demonstrate to the satisfaction of the
    court that the situation giving rise to the lessor's certification
    under paragraph (1) did not exist or has been remedied - 
        (i) relief from the stay provided under subsection (a)(3) shall
      not be required to enable the lessor to proceed with the
      eviction; and
        (ii) the clerk of the court shall immediately serve upon the
      lessor and the debtor a certified copy of the court's order
      upholding the lessor's certification.

      (3) If the debtor fails to file, within 15 days, an objection
    under paragraph (2)(A) - 
        (A) subsection (b)(23) shall apply immediately upon such
      failure and relief from the stay provided under subsection (a)(3)
      shall not be required to enable the lessor to complete the
      process to recover full possession of the property; and
        (B) the clerk of the court shall immediately serve upon the
      lessor and the debtor a certified copy of the docket indicating
      such failure.

      (n)(1) Except as provided in paragraph (2), subsection (a) does
    not apply in a case in which the debtor - 
        (A) is a debtor in a small business case pending at the time
      the petition is filed;
        (B) was a debtor in a small business case that was dismissed
      for any reason by an order that became final in the 2-year period
      ending on the date of the order for relief entered with respect
      to the petition;
        (C) was a debtor in a small business case in which a plan was
      confirmed in the 2-year period ending on the date of the order
      for relief entered with respect to the petition; or
        (D) is an entity that has acquired substantially all of the
      assets or business of a small business debtor described in
      subparagraph (A), (B), or (C), unless such entity establishes by
      a preponderance of the evidence that such entity acquired
      substantially all of the assets or business of such small
      business debtor in good faith and not for the purpose of evading
      this paragraph.

      (2) Paragraph (1) does not apply - 
        (A) to an involuntary case involving no collusion by the debtor
      with creditors; or
        (B) to the filing of a petition if - 
          (i) the debtor proves by a preponderance of the evidence that
        the filing of the petition resulted from circumstances beyond
        the control of the debtor not foreseeable at the time the case
        then pending was filed; and
          (ii) it is more likely than not that the court will confirm a
        feasible plan, but not a liquidating plan, within a reasonable
        period of time.

      (o) The exercise of rights not subject to the stay arising under
    subsection (a) pursuant to paragraph (6), (7), (17), or (27) of
    subsection (b) shall not be stayed by any order of a court or
    administrative agency in any proceeding under this title.