U.S. Code » Title 11 » Chapter CHAPTER 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER I— OFFICERS, ADMINISTRATION, AND THE ESTATE

11 U.S.C. § 1201

Stay of action against codebtor

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(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless—(1) such individual became liable on or secured such debt in the ordinary course of such individual’s business; or(2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.(b) A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument.(c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that—(1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor;(2) the plan filed by the debtor proposes not to pay such claim; or(3) such creditor’s interest would be irreparably harmed by continuation of such stay.(d) Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3105, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)Editorial NotesCodification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding this section.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Pub. L. 108–369, § 2(b), Oct. 25, 2004, 118 Stat. 1749, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] are deemed to have taken effect on January 1, 2004.”

Effective Date of 2003 Amendment

Pub. L. 108–73, § 2(b), Aug. 15, 2003, 117 Stat. 891, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] take effect on July 1, 2003.”

Effective Date of 2002 Amendment

Pub. L. 107–377, § 2(b), Dec. 19, 2002, 116 Stat. 3115, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on January 1, 2003.”

Pub. L. 107–171, title X, § 10814(b), May 13, 2002, 116 Stat. 532, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on June 1, 2002.”

Pub. L. 107–170, § 2, May 7, 2002, 116 Stat. 133, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on October 1, 2001.”

Effective Date of 2001 Amendment

Pub. L. 107–17, § 2, June 26, 2001, 115 Stat. 151, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on June 1, 2001.”

Pub. L. 107–8, § 2, May 11, 2001, 115 Stat. 10, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on July 1, 2000.”

Effective Date of 1999 Amendment

Pub. L. 106–70, § 2, Oct. 9, 1999, 113 Stat. 1031, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on October 1, 1999.”

Pub. L. 106–5, § 2, Mar. 30, 1999, 113 Stat. 9, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on April 1, 1999.”

Effective Date

Chapter effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28, Judiciary and Judicial Procedure.

Repeal, Reenactment, and Termination of Chapter

Pub. L. 109–8, title X, § 1001(a), (b), Apr. 20, 2005, 119 Stat. 185, 186, provided that:“(a)Reenactment.—“(1)In general.—Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277) [set out as a note below], and as in effect on June 30, 2005, is hereby reenacted.“(2)Effective date of reenactment.—Paragraph (1) shall take effect on July 1, 2005.“(b)Amendments—Chapter 12 of title 11, United States Code, as reenacted by subsection (a), is amended by this Act [see Tables for classification].”

Pub. L. 105–277, div. C, title I, § 149, Oct. 21, 1998, 112 Stat. 2681–610, as amended by Pub. L. 106–5, § 1, Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749, provided that:“(a) Chapter 12 of title 11 of the United States Code, as in effect on December 31, 2003, is hereby reenacted for the period beginning on January 1, 2004, and ending on July 1, 2005.“(b) All cases commenced or pending under chapter 12 of title 11, United States Code, as reenacted under subsection (a), and all matters and proceedings in or relating to such cases, shall be conducted and determined under such chapter as if such chapter were continued in effect after July 1, 2005. The substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the laws applicable to such cases, matters, and proceedings as if such chapter were continued in effect after July 1, 2005.”

Chapter was repealed Oct. 1, 1998, except that cases commenced or pending under this chapter, and all matters and proceedings in or relating to such cases, were to be conducted and determined as if this chapter had not been repealed, and substantive rights of parties in connection with such cases, matters, and proceedings were to continue to be governed under the laws applicable to such cases, matters, and proceedings as if this chapter had not been repealed, see section 302(f) of Pub. L. 99–554, as amended, formerly set out in an Effective Date of 1986 Amendment note under section 581 of Title 28, Judiciary and Judicial Procedure.

Notes of Decisions
Cited in 83 cases (6 in the last 5 years), 1987–2024 · leading case: Norwest Bank Worthington v. Ahlers, 485 U.S. 197 (1988).
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Norwest Bank Worthington v. Ahlers, 485 U.S. 197 (1988). “See 11 U. S. C. § 1201 et seq. (1982 ed., Supp.”
In Re Bigalk, 75 B.R. 561 (Bankr. D. Minn. 1987). · cites it 7× “On May 22, 1987, this Court entered an order on the motion of Lanesboro State Bank, a secured creditor (hereinafter “the Bank”) for relief under 11 U.S.C. § 1201 , and on Debtor’s responsive motion.”
Jordache Enter., Inc. v. Nat'l Union Fire Ins., 513 S.E.2d 692 (W. Va. 1998). · cites it 2× “See 11 U.S.C. §§ 1201 & 1301. Since codefendants of a debtor filing bankruptcy under Chapters 12 and 13 are also subject to the automatic stay imposed by 11 U.”
In Re Sfw, Inc., 83 B.R. 27 (Bankr. S.D. Cal. 1988). · cites it 4× “, doing business as Seafarms West (“the debtor”) for the business operations of the debtor, may be classified as “consumer loans” for the purpose of invoking the co-debtor automatic stay provision of 11 U.S.C. § 1201 . The Bank contends that loans for business purposes are…”
Bolen v. Dengel, 297 B.R. 300 (5th Cir. 2003). · cites it 3× “The portion of the statute that is the subject of the present dispute reads as follows: (e)(1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under…”
Rainier Nat'l Bank v. Bachmann, 757 P.2d 979 (Wash. 1988). · cites it 2× “Debtors have filed a Chapter 12 bankruptcy proceeding, 11 U.S.C. §§ 1201 et seq., but Bank was granted relief from stay to pursue this appeal by stipulation and order in the bankruptcy court.”
Stevens v. Downing, Alexander, Wood & Ilg, 693 N.W.2d 532 (Neb. 2005). “See 11 U.S.C. § 1201 et seq. (2000 & Supp. II2002).”
In the Matter of H. Dean Stegall & Sandra Lorene Stegall, Debtors-Appellants. Appeal of the Fed. Land Bank of St. Louis, 865 F.2d 140 (7th Cir. 1989). “11 U.S.C. §§ 1201 et seq. The Stegalls concede that a Chapter 11 proceeding pending when Chapter 12 was enacted cannot be converted into a Chapter 12 proceeding, see Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986, § 302(c), Pub.”
Advanced Ribbons & Off. Prods., Inc. v. U.S. Interstate Distrib., Inc. (In Re Advanced Ribbons & Off. Prods., Inc.), 125 B.R. 259 (9th Cir. BAP 1991). “The inapplicability of section 362 to stay acts against a non-debtor’s property that is pledged to secure a debt of the debtor is further suggested by a consideration of 11 U.S.C. §§ 1201 and 1301. Sections 1201 and 1301 extend the automatic stay in Chapter 12 and 13 cases to…”
Walter Marlin Brown & Burdean Ruth Brown v. First Nat'l Bank in Lenox, 844 F.2d 580 (1st Cir. 1988). “The appellants, Walter Marlin Brown and Burdean Ruth Brown, are the farmer-debtors in this proceeding under the newly enacted Chapter 12 of the Bankruptcy Code, 11 U.S.C. §§ 1201 et seq. The appellee, First National Bank in Lenox, has a security interest in a contract for deed…”
First Sec. Bank of Utah v. Creech, 858 P.2d 958 (Utah 1993). · cites it 2× “11 U.S.C. § 1201 (a). However, the younger Creeches have not advanced, nor have we found, any support for the contention that their parents' debt under the loan agreements is a "consumer debt.”
Finstad v. Gord, 2014 ND 72 (N.D. 2014). “In July 2005, after Beresford began foreclosure proceedings on its mortgages, the Finstads filed for bankruptcy under Chapter 12, 11 U.S.C. § 1201 et seq. In October 2005, the Finstads entered into a settlement agreement with Beresford in the bankruptcy proceeding.”
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