§362 Automatic Stay in New York

How 11 U.S.C. § 362 applies in New York — federal bankruptcy law, New York 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:

Stay is automatic — no judge signature needed
Applies to most civil collection; does not stop criminal cases, child support, or governmental regulatory actions
Shortened to 30 days if you filed and had a case dismissed within prior 1 year (§362(c)(3))
No stay at all if two or more cases dismissed within prior 1 year (§362(c)(4))

New York Bankruptcy Data (FJC)

127,960

Total filings

66.5%

Dismiss rate

40,064

Prior filers

15.7%

Prior discharge rate

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 New York-specific answer, check the screener or consult a local attorney.

What §362 Automatic Stay Does

New York Bankruptcy Data (FJC)

Apply This to Your Case

Related New York Statutes

§362 Automatic Stay in Other States