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Motion
to Confirm Termination or Absence of Stay
Last Updated: April 2, 2013
IF: |
THEN: |
A single or joint case is filed under
chapter 7, 11, 12 or 13;
That same individual had one other single or joint
case that was pending
within the preceding 1-year period;
The prior case was dismissed;
and
The current case filed is not a Chapter
11, 12 or 13 case that is being refiled after dismissal
under Section 707(b)
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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: |
A single or joint case is filed under
chapter 7, 11, 12 or 13;
That same individual had two or more single or joint
cases that were pending
within the preceding
1-year period;
Those prior cases were dismissed;
and
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:
To
File Electronically:
Log into CM/ECF.
Select
[Bankruptcy > Motions/Applications].
Enter the case number (e.g,
xx-xxxxx).
Select
[Termination or Absence of
Stay] from the event list.
Skip
the .
Select the party filer. If
the party is not listed, click on .
Note: The may appear. If your party selection
was correct, check the box to create an association.
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
to this document. The Motion must
be the first document in your PDF.
Enter
date served.
Last
day to object appears, Click [Next].
to select the
Motion (.PDF file).
Note: The Affidavit may be added as an
to this document.
Modify
the text as appropriate.
Verify
the final docket text; if correct, click [Next]
to submit your document(s).
Note: The displays giving you the document number. Copies
of this notice are immediately e-mailed to all participants
who receive electronic notification in the case.
Submit
Proposed Order.
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