Order imposing stay
About this form
The order imposing stay is a legal document used in the context of bankruptcy proceedings. Its primary purpose is to impose a temporary halt on actions by creditors against a debtor, offering them relief from immediate financial pressures. This order differentiates itself from other forms by specifically invoking the legal protections provided under 11 U.S.C. § 362, which helps ensure that the debtor can navigate through the bankruptcy process without external interruptions.
Form components explained
- Case caption indicating the bankruptcy court and title of the case.
- Date and reference number for tracking purposes.
- A declaration of good faith by the court regarding the commencement of the case.
- Statement imposing the stay with a reference to applicable creditors.
- Signature of the bankruptcy judge and attorney for entry approval.
When to use this document
This form should be used when a debtor has filed for bankruptcy and requests the court to impose a stay on creditor actions. It is particularly relevant in situations where the debtor needs protection from harassment or legal claims while they reorganize their finances. It is essential during Chapter 11 or Chapter 13 bankruptcy cases where restructuring debts is necessary.
Intended users of this form
- Debtors who are in bankruptcy proceedings seeking relief from creditors.
- Individuals or businesses filing under Chapter 11 or Chapter 13.
- Legal representatives of debtors, including attorneys handling bankruptcy cases.
Instructions for completing this form
- Enter the district and state where the bankruptcy court is located.
- List the case number and relevant chapter of bankruptcy.
- Fill in the date and name of the debtors involved.
- Identify any creditors affected by the stay, if necessary.
- Ensure the bankruptcy judge's signature and approval for entry are included.
Notarization guidance
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.
Common mistakes to avoid
- Failing to provide the correct case number or chapter designation.
- Not specifying affected creditors when applicable.
- Leaving the signature line blank or not including attorney approval.
- Submitting the form without verifying local court rules.
Benefits of using this form online
- Convenient access to downloadable form templates, allowing for quick completion.
- Editability of the form to tailor it to specific case details.
- Reliable formatting that meets legal standards across jurisdictions.
- Access to legal support and guidance during the completion process.
Jurisdiction-specific notes
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
Main things to remember
- The Order Imposing Stay is crucial for halting creditor actions during bankruptcy.
- A good faith showing is required to obtain the stay.
- Accurate completion of the form is vital to ensure proper protection for the debtor.
Form popularity
FAQ
Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered.
A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding. Some stays are automatic, but others are up to judicial discretion.
2023 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.) (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
Any opposition to the motion must be served and filed at least 14 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise.
Unless otherwise specified in the order, a stay order suspends all proceedings in the action to which it applies. A stay order may be limited by its terms to specified proceedings, orders, motions, or other phases of the action to which the order applies.
Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.
Usually, motions must be filed and served at least 16 court days before a hearing on the motion. Opposing motions must be filed at least 9 court days before the court date and replies are due 5 days before the hearing date. These deadlines also depend on how service is made for each document.
