Motion to Extend Automatic Stay and Notice of Motion
About this form
The Motion to Extend Automatic Stay is a legal document used in bankruptcy proceedings. This form allows a debtor to request an extension of the automatic stay, which is a court order that stops creditors from pursuing debt collection immediately after a bankruptcy petition is filed. Unlike other bankruptcy forms, this motion specifically focuses on prolonging the protections afforded to the debtor during the bankruptcy process.
Main sections of this form
- Identification of the bankruptcy court and parties involved.
- Case number and chapter under which bankruptcy is filed.
- Specific request for the number of days to extend the stay.
- Grounds for requesting an extension of the automatic stay.
- Certification of service to notify other involved attorneys.
- Notice of motion hearing date and time.
Situations where this form applies
This form should be used when a debtor has filed for bankruptcy and the automatic stay is nearing its expiration. It helps in protecting the debtor from creditor actions during the bankruptcy process, allowing more time to reorganize debts or negotiate with creditors.
Intended users of this form
- Individuals or businesses who have filed for bankruptcy under Chapter 11.
- Debtors looking to temporarily extend legal protections against creditor actions.
- Attorneys representing debtors in bankruptcy proceedings.
Steps to complete this form
- Fill in the name and number of the district court and the debtor's name.
- Specify the case number and chapter under which bankruptcy was filed.
- State the proposed number of days for the extension of the automatic stay.
- Detail the grounds for the extension clearly and concisely.
- List any other attorneys involved and confirm service of the motion.
- Sign the document on behalf of the debtor and include the attorney's details.
Is notarization required?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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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.
Common mistakes
- Failing to accurately specify the grounds for the extension.
- Not including the case number or necessary court information.
- Missing signatures or date in the document.
- Neglecting to serve all relevant parties as required.
Why use this form online
- Convenience of completing the form from home or office.
- Editability, allowing you to customize information as needed.
- Access to templates drafted by licensed attorneys to ensure accuracy.
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FAQ
The automatic stay goes into effect for only 30 days after you file bankruptcy. Two or more previous bankruptcy cases dismissed within the past year. The automatic stay doesn't go into effect at all.
A motion for relief from the automatic stay is a creditor's way of asking the court for permission to eg. foreclose on a house or repossess a car. As soon as any type of bankruptcy is filed, an injunction called the automatic stay comes into place.
Upon filing a petition, an automatic stay is imposed. The stay requires creditors to cease actions against the debtor and the debtor's property as described in 11 U.S.C.Creditors may file a motion under 11 U.S.C. § 362 requesting the stay be lifted to allow them to pursue a particular piece of property.
Once they get a court order lifting the automatic stay, the creditor is allowed to move forward with the foreclosure or repossession of the property that secures the debt. The creditor does, however, still need to follow state law for their collection or eviction proceedings.
The automatic stay is an order that goes into place and stops most collection efforts during your bankruptcy.A creditor can ask the bankruptcy court to lift the automatic stay and allow collection efforts to resume. If successful, the creditor can continue pursuing its debt.
Once a Chapter 13 bankruptcy petition is filed, the automatic stay goes into effect with the order of relief being entered on the filing date. It's this automatic stay that prohibits the creditors from taking any further action outside the bankruptcy to collect monies that are owed to them from the debtor.
The automatic stay in bankruptcy is a temporary federal injunction that immediately stops most collection efforts by creditors, collection agencies and government entities against debtors and their property.It merely suspends efforts to collect or proceed against those debts while a bankruptcy case is open.
A Motion for Relief from the automatic stay is basically a request from a creditor to the Bankruptcy Court for permission to take back collateral. Motions for Relief are set down for hearings before the Bankruptcy Court.If a creditor has good cause for filing the motion, it will be granted.
How to Ask to Lift the Automatic Stay. The creditor must file a written motion with the court explaining the need to lift the stay. The burden is on the creditor to prove that good cause exists to lift the automatic stay. The creditor must also provide the debtor with notice of the motion and the hearing on the matter.
