Debtor's motion to extend automatic stay
About this form
The Debtor's motion to extend automatic stay is a legal document filed in bankruptcy court, requesting an extension of the automatic stay that protects debtors from creditors. The automatic stay is a crucial component of bankruptcy law, automatically triggering when a debtor files for bankruptcy. This motion is specifically used when a debtor has previously filed for bankruptcy within the last year and seeks to prevent creditors from taking collection actions as the new case proceeds.
What’s included in this form
- Case information: Includes details about the current bankruptcy case and any previous filings.
- Identification of creditors: Specifies which creditors the automatic stay applies to.
- Good faith representation: A statement supporting that the current case has been filed in good faith.
- Signature and verification: Required declarations from the debtor(s) under penalty of perjury.
- Certificate of service: Confirms that all relevant parties have been notified of the motion.
Common use cases
This form is typically used when a debtor files a second bankruptcy case after having a previous case dismissed within the past year. It is essential for debtors who want to maintain the protections offered by the automatic stay, preventing creditors from pursuing collections while they resolve their debts within the bankruptcy framework.
Intended users of this form
- Individuals or businesses who have previously filed for bankruptcy and are filing a new case.
- Debtors seeking to extend the automatic stay beyond the initial 30 days after filing for bankruptcy.
- Those who have experienced a dismissal of their previous bankruptcy case and still require protection against creditors.
How to complete this form
- Enter the name of the bankruptcy court and district where you are filing.
- Fill in your details and the case number of the previous bankruptcy case.
- Indicate whether the stay is being requested against all creditors or specific creditors.
- Provide a statement demonstrating good faith for filing the current bankruptcy case.
- Sign the motion and confirm the date of signing.
- Complete the certificate of service to notify relevant parties.
Notarization requirements for this form
This form does not typically require notarization unless specified by local law. Always check local bankruptcy rules to confirm any specific requirements.
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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.
Avoid these common issues
- Failing to provide accurate case numbers or details regarding previous bankruptcies.
- Neglecting to list all creditors affected by the automatic stay in the motion.
- Not signing the motion or missing signatures for co-debtors.
- Forgetting to file the motion in a timely manner, especially within the 30-day limit for automatic stay extensions.
Advantages of online completion
- Convenience of downloading and filling out the form at your own pace.
- Ability to edit the form as needed, ensuring all information is accurate.
- Access to templates drafted by licensed attorneys, providing peace of mind.
Legal use & context
- The debtorâs motion to extend the automatic stay is a critical tool in bankruptcy cases to protect the debtor's interests.
- Submitting this form can help the debtor avoid immediate financial distress from creditor actions.
- This motion is particularly relevant for debtors who are attempting to reorganize their finances and need time to stabilize.
Quick recap
- The motion is essential for debtors needing to extend their automatic stay in bankruptcy.
- Complete and accurate information is crucial to ensure the court grants the extension.
- Understanding the timing and legal requirements can significantly impact the outcome of the motion.
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FAQ
What are the exceptions to the automatic stay under 11 U.S.C § 362? Establishing paternity; Establishing or modifying domestic support obligations, including child support and alimony; Child custody or visitation matters; Divorce proceedings; Domestic violence matters.
Creditors Obtaining Relief From the Automatic Stay -- If a creditor properly files and serves a Motion for Relief from the Automatic Stay, and a bankruptcy judge grants the Motion, the Automatic Stay will either be removed or modified so that the creditor can resume collection efforts against the debtor.
The stay requires creditors to cease actions against the debtor and the debtor's property as described in 11 U.S.C. § 362(a). The stay continues until either the case is dismissed or closed or, in an individual case, until the granting or denial of discharge.
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.
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 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.
This Standard Clause for use in a forbearance or restructuring agreement provides for a defaulting borrower to waive its right to assert the automatic stay against a lender if it later files for bankruptcy. This Standard Clause has integrated notes with important explanations and drafting tips.
The automatic stay is an order that goes into place when you file for bankruptcy and stops most collection efforts. But the stay isn't absolute, and a creditor can ask the bankruptcy court to lift the automatic stay and allow collection efforts to resume.
