U.S. Code » Title 11 » Chapter CHAPTER 9— ADJUSTMENT OF DEBTS OF A MUNICIPALITY › Subchapter SUBCHAPTER II— ADMINISTRATION

11 U.S.C. § 922

Automatic stay of enforcement of claims against the debtor

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(a) A petition filed under this chapter operates as a stay, in addition to the stay provided by section 362 of this title, 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 an officer or inhabitant of the debtor that seeks to enforce a claim against the debtor; and(2) the enforcement of a lien on or arising out of taxes or assessments owed to the debtor.(b) Subsections (c), (d), (e), (f), and (g) of section 362 of this title apply to a stay under subsection (a) of this section the same as such subsections apply to a stay under section 362(a) of this title.(c) If the debtor provides, under section 362, 364, or 922 of this title, adequate protection of the interest of the holder of a claim secured by a lien on property of the debtor and if, notwithstanding such protection such creditor has a claim arising from the stay of action against such property under section 362 or 922 of this title or from the granting of a lien under section 364(d) of this title, then such claim shall be allowable as an administrative expense under section 503(b) of this title.(d) Notwithstanding section 362 of this title and subsection (a) of this section, a petition filed under this chapter does not operate as a stay of application of pledged special revenues in a manner consistent with section 927 of this title to payment of indebtedness secured by such revenues.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623; Pub. L. 98–353, title III, § 495, July 10, 1984, 98 Stat. 384; Pub. L. 100–597, § 5, Nov. 3, 1988, 102 Stat. 3029.)Historical and Revision Noteshouse report no. 95–595

The automatic stay provided under section 362 of title 11 is incomplete for a municipality, because there is the possibility of action by a creditor against an officer or inhabitant of the municipality to collect taxes due the municipality. Section 85(e)(1) of current chapter IX [section 405(e)(1) of former title 11] stays such actions. Section 922 carries over that protection into the proposed chapter 9. Subsection (b) applies the provisions for relief from the stay that apply generally in section 362 to the stay under section 922.

Editorial NotesAmendments

1988—Subsecs. (c), (d). Pub. L. 100–597 added subsecs. (c) and (d).

1984—Subsec. (a)(1). Pub. L. 98–353 substituted “a judicial” for “judicial”, and “action or proceeding” for “proceeding”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–597 effective Nov. 3, 1988, but not applicable to any case commenced under this title before that date, see section 12 of Pub. L. 100–597, set out as a note under section 101 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1998–2025 · leading case: In re Jefferson Cnty., 484 B.R. 427 (Bankr. N.D. Ala. 2012).
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In re Jefferson Cnty., 484 B.R. 427 (Bankr. N.D. Ala. 2012). · cites it 15× “§ 362 (a) & 11 U.S.C. § 922 (a) to Proposed Lawsuit Regarding Cooper Green Mercy Hospital THOMAS B.”
In re Jefferson Cnty., 474 B.R. 228 (Bankr. N.D. Ala. 2012). · cites it 13× “§ 362 (a) and 11 U.S.C. § 922 (a) prevent the Indenture Trustee and the Receiver from taking further actions in the Alabama receivership case and with respect to the County’s sewer system properties.”
Assured Guar. Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico), 919 F.3d 121 (1st Cir. 2019). · cites it 3× “" 9 11 U.S.C. § 922 (a). *130 Section 922 further provides that notwithstanding the automatic stays under Sections 362 and 922(a), "a petition filed under [Chapter 9] does not operate as a stay of application of pledged special revenues in a manner consistent with [S]ection…”
Victor J. Salgado & Assocs. v. Cestero-Lopategui, 34 F.4th 49 (1st Cir. 2022). · cites it 9× “" We reverse the district court's denial of defendants' motion for entry of the automatic stay under 11 U.S.C. § 922 , incorporated into PROMESA through 48 U.”
Assured Guar. Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico), 931 F.3d 111 (1st Cir. 2019). · cites it 8× “" 11 U.S.C. § 922 (d). There is some ambiguity in the text of section 922(d).”
Bank of New York Mellon v. Jefferson Cnty. (In re Jefferson Cnty.), 482 B.R. 404 (Bankr. N.D. Ala. 2012). · cites it 11× “As is discussed later in this memorandum opinion, the Indenture categories of Operating Expenses, Pledged Revenues, and System Revenues affect whether and the extent to which 11 U.S.C. §§ 922 (d), 928(a) & 928(b) are applicable to some of the System Revenues.”
In Re Jefferson Cnty., Ala., 465 B.R. 243 (Bankr. N.D. Ala. 2012). · cites it 13× “§ 362 (a) and 11 U.S.C. § 922 (a) prevent the Indenture Trustee and the Receiver from taking further actions in the Alabama receivership case and with respect to the County’s sewer system properties.”
In re City of Stockton, 484 B.R. 372 (Bankr. E.D. Cal. 2012). · cites it 5× “Another twist in chapter 9 municipal debt adjustment cases is the additional automatic stay imposed by 11 U.S.C. § 922 (a). This additional automatic stay supplements the basic automatic stay of 11 U.”
In re Jefferson Cnty., 491 B.R. 277 (Bankr. N.D. Ala. 2013). · cites it 2× “§ 362 (a) and 11 U.S.C. § 922 (a), and Assured, Syncora, JPMorgan, and the County informed the New York court that their informal standstill would continue until they reached a resolution of whether the stay affects the Assured and Syncora Actions.”
In re City of Stockton, California, 499 B.R. 802 (Bankr. E.D. Cal. 2013). · cites it 5× “§ 362 (a) or from the additional automatic stay of 11 U.S.C. § 922 (a) before the ballot-statement litigation commences.”
Atiles-Gabriel v. Puerto Rico, 256 F. Supp. 3d 122 (D.P.R. 2017). · cites it 2× “§ 362 and 11 U.S.C. § 922 , which provide for an automatic stay upon the filing of a bankruptcy restructuring petition.”
Guadalupe-Baez v. Pesquera, 269 F. Supp. 3d 1 (D.P.R. 2017). · cites it 2× “§ 2161(a), which incorporates by reference the automatic stay provided by 11 U.S.C. § 922 (a). (Docket No. 80). Section 922(a) automatically stays “the'‘commencement or continuation” of proceedings “against an officer or inhabitant of.”
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