§362 Automatic Stay in Delaware

How 11 U.S.C. § 362 applies in Delaware — federal bankruptcy law, Delaware district data.

What §362 Automatic Stay Does

Filing bankruptcy triggers an immediate, automatic injunction stopping nearly all collection activity: foreclosures, repossessions, wage garnishments, lawsuits, phone calls, and even letters. The stay takes effect the instant the petition is filed, with no court order required.

Key points:

Delaware Bankruptcy Data (FJC)

12,404
Total filings
50.9%
Dismiss rate
3,401
Prior filers
32.0%
Prior discharge rate

Districts covered: D. Delaware.

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a Delaware-specific answer, check the screener or consult a local attorney.

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Related Delaware Statutes

§362 Automatic Stay in Other States