Motion to Extend Automatic Stay

Last Updated: April 2, 2013

IF:

THEN:

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

Filing Requirements:


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >Motions/Applications].

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

  4. Select [Extend Automatic 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 proof of service is included with the motion.

    Note:  The Motion and Proof of Service may be a single PDF; or 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. Browse to select the Motion (.pdf file).

  9. Modify the text as appropriate.

  10. 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.

  11. Submit Proposed Order. Instructions

 

 

 

 

 

11 U.S.C.: 362(c)(3)(B)

FRBP: