Order granting motion to extend automatic stay
About this form
This form is an Order granting motion to extend automatic stay in bankruptcy cases. The automatic stay is a legal protection that prevents creditors from collecting debts from the debtor during the bankruptcy process. This order specifically extends that stay, meaning it continues to shield the debtor from creditor actions until the court decides otherwise or it naturally expires. This form is crucial for debtors seeking additional time under the stay, ensuring they have breathing room to reorganize their finances or address legal issues.
What’s included in this form
- Title of the court and case details, including bankruptcy chapter number.
- A section that states the motion for extending the automatic stay was presented and heard.
- A declaration that the case was filed in good faith.
- The courtâs order specifying the extension of the automatic stay effective for all creditors or specific listed creditors.
- Signature line for the bankruptcy judge and approval for entry by the debtor's attorney.
When to use this document
This form should be used when a debtor in bankruptcy wishes to request an extension of the automatic stay. It may be necessary in situations where the debtor needs more time to complete their bankruptcy plan, negotiate with creditors, or address other legal matters that require time without the pressure of creditor actions. If the automatic stay is about to expire, this form can help ensure that legal protections continue in favor of the debtor.
Who should use this form
- Individuals or business entities currently undergoing bankruptcy proceedings.
- Debtors who need additional protection from creditors while they reorganize or settle their debts.
- Legal representatives or attorneys handling bankruptcy cases for clients.
Completing this form step by step
- Start by filling in the name of the United States Bankruptcy Court and the relevant district.
- Provide the case number and chapter number of the bankruptcy.
- Clearly state the motion for extending the automatic stay and any findings of good faith by the court.
- Specify which creditors are affected by this order, if applicable.
- Include the date and ensure the form is signed by the bankruptcy judge.
- Make sure the form is approved for entry by the debtor's attorney, including their name and bar number.
Does this form need to be notarized?
This form does not typically require notarization unless specified by local law. However, confirming any state-specific rules about notarization is recommended before submission.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to include specific creditor names when required.
- Not providing a case number or chapter number.
- Leaving out necessary signatures or dates.
- Using outdated versions of the order form.
Benefits of completing this form online
- Convenience of downloading anytime from any location.
- Editability to personalize the form according to specific case details.
- Reliability since forms are drafted by licensed attorneys and comply with current legal standards.
Legal use & context
- This order is a critical document in bankruptcy law, serving to protect a debtor's rights during reorganization.
- Failure to properly extend the automatic stay could lead to loss of protection against creditors.
- It is essential to follow local court rules for successful submission and enforcement of this order.
Key takeaways
- The Order granting motion to extend automatic stay is essential for prolonging protection against creditor actions in bankruptcy.
- It is important to provide complete and accurate information to avoid delays or issues with the court.
- Utilizing this form can help ensure you maintain necessary legal protections during the bankruptcy process.
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FAQ
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.
An order for relief invokes the automatic stay and brings down an iron curtain, separating the pre-bankruptcy from the post-bankruptcy debtor, creating a bankruptcy estate and prohibiting unauthorized transfers of the debtor's property.
Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.
Civil cases involving family or domestic issues - Most family court proceedings cannot be halted by the automatic stay, including child custody and paternity cases, as well as divorce cases addressing issues other than the division of marital property.
The most commonly sought exceptions are actions by parties to securities contracts to close out open positions; eviction of a debtor by a landlord where the lease has been fully terminated prior to the bankruptcy filing; actions by taxing authorities to conduct tax audits, issue deficiency notices, demand tax returns
The Stay Has Been Lifted ? Now What? Once a creditor gets a court order lifting the automatic stay, they are allowed to move forward with foreclosure or repossession of the property that secures the debt. That said, the creditor still needs to follow state law for their collection or eviction proceedings.
The most common reason for a creditor to make a motion for relief from the automatic stay is that the debtor has filed Chapter 7 Bankruptcy or Chapter 13 Bankruptcy and does not want to use the bankruptcy to keep their house or car.
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.
