When a debtor files a bankruptcy case the automatic stay arises immediately. 11 U.S.C. §362(a); Rexnord Holdings v. Bidermann, 21 F.3d 522, 527 (2d Cir. 1994). The U.S. Court of Appeals for the Second Circuit has made the following comments concerning the fundamental importance of the automatic stay in a bankruptcy case:

The iconic description of the overriding purpose of section 362 is drawn directly from the section’s legislative history:

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy.

Weber v. SEFCU (In re Weber), 719 F.3d 72, 76 fn. 5 (2d Cir. 2013).

Scope of Automatic Stay and §362(a)(1)