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Motion
to Extend Automatic Stay
Last Updated: August 2, 2018
IF: |
THEN: |
A single or joint case is filed under
chapter 7, 11 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 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. |
Filing Requirements:
Motion to Extend Automatic Stay.
The
Court will enter an Order setting hearing date and objection
deadline.
After
Order is issued, attorney for debtor/creditor shall serve
the Motion and
Order on ALL CREDITORS.
File
Proof of Service
relating to Motion and Order.
To
File Electronically:
Log into CM/ECF.
Select
[Bankruptcy >Motions/Applications].
Enter the case number (e.g,
xx-xxxxx).
Select
[Extend Automatic 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.
(See Filing Requirements)
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
to this document. The Motion must
be the first document in your PDF.
to select the
Motion (.PDF file).
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.
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11 U.S.C.: 362(c)(3)(B)
FRBP: |
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