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Discussion
Title 11 of the U.S. Code provides uniform procedures to
promote the effective rehabilitation of the bankrupt debtor and,
when necessary, the equitable distribution of the debtor’s
assets. See H. Rept. 95-595, at 340 (1977). In furtherance of
these goals, 11 U.S.C. section 362(a) provides automatic stay
protection for the debtor and the bankruptcy estate.5 The
5 Tit. 11 U.S.C. sec. 362(a) (2000), as in effect for
relevant periods, provides:
Except as provided in subsection (b) of this
section, a petition filed under section 301, 302, or
303 of this title, or an application filed under
section 5(a)(3) of the Securities Investor Protection
Act of 1970, operates as a stay, 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 the
debtor that was or could have been commenced before the
commencement of the case under this title, or to recover a
claim against the debtor that arose before the commencement
of the case under this title;
(2) the enforcement, against the debtor or against
property of the estate, of a judgment obtained before the
commencement of the case under this title;
(3) any act to obtain possession of property of the
estate or of property from the estate or to exercise control
over property of the estate;
(4) any act to create, perfect, or enforce any lien
against property of the estate;
(5) any act to create, perfect, or enforce against
property of the debtor any lien to the extent that such lien
secures a claim that arose before the commencement of the
(continued...)
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