Order granting motion to extend automatic stay
Overview of this form
The Order granting motion to extend automatic stay is a legal document issued by a bankruptcy court. This form is crucial in bankruptcy proceedings, as it officially allows for the continuation of the automatic stay, which temporarily halts all collection efforts against the debtor. This form differs from other bankruptcy forms by specifically addressing the debtor's request to extend this protective measure beyond its initial period.
Form components explained
- The case number, which identifies the bankruptcy proceeding.
- The chapter number, indicating the type of bankruptcy filed.
- A declaration that the motion was conducted in good faith.
- The continuation of the automatic stay until further court order or expiration.
- Specific creditors listed if the stay does not apply to all creditors.
- The signature of the bankruptcy judge approving the order.
Common use cases
You should use the Order granting motion to extend automatic stay when you are in a bankruptcy scenario and need additional time to resolve issues with creditors or confirm your bankruptcy plan. This form ensures that your existing stay remains in effect, preventing creditors from continuing with collections while your case is pending.
Who should use this form
- Debtors who have filed for bankruptcy and need to extend their automatic stay.
- Individuals or businesses experiencing financial difficulties.
- Those seeking protection from creditor actions during the bankruptcy process.
How to complete this form
- Identify the case number and chapter of your bankruptcy filing.
- Clearly state the reasons for extending the automatic stay.
- List any creditors who may not be covered by the stay, if applicable.
- Include the date on which the motion is submitted.
- Have the bankruptcy judge sign the document to make it an official order.
Does this document require notarization?
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.
Typical mistakes to avoid
- Failing to provide sufficient justification for extending the stay.
- Not listing all applicable creditors if the stay is limited.
- Neglecting to obtain the judge's signature, making the order invalid.
Advantages of online completion
- Convenient access to a professionally drafted form at any time.
- Editable templates allow for quick customization to fit your circumstances.
- Reliable source of legal forms ensuring compliance with current laws.
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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.
