Motion to Confirm Termination or Absence of Stay

Last Updated: April 2, 2013

IF:

THEN:

  1. A single or joint case is filed under chapter 7, 11, 12 or 13;

  2. That same individual had one other single or joint case that was pending within the preceding 1-year period;

  3. The prior case was dismissed; and

  4. The current case filed is not a Chapter 11, 12 or 13 case that is being refiled after dismissal under Section 707(b)

 

Section 362(c)(3) applies and the stay will terminate on the 30th day after the filing of debtor's current case. A Motion to Confirm Absence of Stay may be filed.

IF:

THEN:

  1. A single or joint case is filed under chapter 7, 11, 12 or 13;

  2. That same individual had two or more single or joint cases that were pending within the preceding 1-year period;

  3. Those prior cases were dismissed; and

  4. The current case filed is not a Chapter 11, 12 or 13 case that is being refiled after dismissal under Section 707(b)

Section 362(c)(4) applies and the stay will not go into effect in debtor's current case.

 

Filing Requirements:

  • Motion to Confirm Termination or Absence of Stay.

  • Notice of Motion with 14 day objection period. Notice is sent to interested parties.

  • Proof of Service.

  • Proposed Order  Instructions.


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Termination or Absence of Stay] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Enter a "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter date served.

  9. Last day to object appears, Click [Next].

  10. Browse to select the Motion (.pdf file).

    Note:  The Affidavit may be added as an attachment to this document.

  11. Modify the text as appropriate.

  12. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  13. Submit Proposed Order. Instructions

 

 

 

 

 

11 U.S.C.: 362(j)
FRBP: