A Debtor's motion to extend automatic stay is a legal motion filed by a debtor in a bankruptcy case, requesting an extension of the automatic stay protection from creditors. The automatic stay is a court order that prohibits creditors from taking any action to collect debt from the debtor while the bankruptcy case is pending. In many jurisdictions, the debtor must file a motion to extend the automatic stay prior to expiration to continue its protection. The motion must include a detailed explanation of why the stay needs to be extended, such as the debtor's need for additional time to complete a reorganization plan or to resolve a dispute with a creditor. There are two types of Debtor's motion to extend automatic stay: one for Chapter 7 bankruptcy and one for Chapter 11 bankruptcy. In Chapter 7 bankruptcy, the debtor must demonstrate that continuing the stay is necessary to achieve a successful liquidation of the debtor's assets. In Chapter 11 bankruptcy, the debtor must demonstrate that continuing the stay is necessary to achieve a successful reorganization of the debtor's assets.
Motion To Extend Automatic Stay Sample
Description Motion Extend Stay
How to fill out Debtor's Motion To Extend Automatic Stay?
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