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.
“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 .”
“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 .”
“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 .”
“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 .”
“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 .”
“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 .”
“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 .”
“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 .”
“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 .”
, , , provided that:
Effective Date
Pub. L. 99–554section 581 of Title 28Chapter effective 30 days after , but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of , set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under , Judiciary and Judicial Procedure.
Public Law 105–277Chapter 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 () [set out as a note below], and as in effect on , is hereby reenacted.
“(2)
Effective date of reenactment .—
Paragraph (1) shall take effect on .
“(b)
Amendments —
Chapter 12 of title 11, United States Code, as reenacted by subsection (a), is amended by this Act [see Tables for classification].”
Chapter 12 of title 11 of the United States Code, as in effect on , is hereby reenacted for the period beginning on , and ending on .
“(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 . 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 .”
section 302(f) of Pub. L. 99–554section 581 of Title 28Chapter was repealed , 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 , as amended, formerly set out in an Effective Date of 1986 Amendment note under , Judiciary and Judicial Procedure.