Public Guide
The Bankruptcy Automatic Stay: General Overview
General information about when the automatic stay begins, common covered activity, statutory exceptions, relief from stay, and official sources.
Filing a bankruptcy petition generally creates an automatic stay under 11 U.S.C. § 362. The stay can pause many collection acts against the debtor or bankruptcy-estate property, but its scope and duration depend on the chapter, prior filings, type of debt, property, and court orders.
Commonly affected activity can include collection calls, lawsuits, garnishments, repossessions, and foreclosure steps. Statutory exceptions include several criminal, family-support, tax, regulatory, and other matters.
A creditor may ask the bankruptcy court for relief from the stay. Repeat filings can limit or prevent the stay unless the court grants additional relief. Some deadlines and proceedings continue despite a bankruptcy filing.
The automatic stay is different from a discharge. The stay regulates conduct during the case; a discharge affects personal liability on qualifying debts after entry of the discharge order. Liens and nondischargeable obligations can remain.
Whether a specific action is stayed is a legal determination based on the docket, statute, and facts. The bankruptcy clerk and official notice report the filing but do not decide every stay dispute.
Official Sources
This page provides general information and does not determine whether a particular collection act is stayed or calculate a filing deadline.