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Exceptions to the Automatic Stay

Learn about various collection and other activities that the automatic stay does not prohibit.


Bankruptcy Code § 362(b) lists at least 30 distinct activities to which the automatic stay doesn't apply. If a party undertakes one of these activities, then it needn't worry about violating the stay. Many stay exceptions are highly technical, but we'll highlight a few of the more straightforward ones here.

I. Commencing or Continuing Any Criminal Action or Proceeding against the Debtor

First, the automatic stay doesn't apply to the commencement or continuation of any criminal proceeding or...