Motion to Extend Automatic Stay and Notice of Motion
Understanding this form
The Motion to Extend Automatic Stay and Notice of Motion is a legal document used in bankruptcy cases. It allows a debtor to request an extension of the automatic stay, which is a court order that halts all collection efforts by creditors after filing for bankruptcy. This form is essential for debtors seeking to protect their assets and ensure they have adequate time to reorganize their financial situation while under the protections of bankruptcy law.
What’s included in this form
- Case information, including the name of the debtor, case number, and bankruptcy chapter.
- Details regarding the previous filing date of the Chapter 11 case and the expiration date of the automatic stay.
- Arguments outlining why the automatic stay should be extended.
- Request for an expedited hearing on the motion.
- Certificate of service confirming notification to other attorneys involved in the case.
When to use this document
This form is used when a debtor has filed for Chapter 11 bankruptcy and requires additional time to prevent creditors from taking action. It is necessary when the original automatic stay period is about to expire, and the debtor believes that extending this stay is in their best interest to facilitate effective financial restructuring.
Who should use this form
- Individuals or businesses currently in Chapter 11 bankruptcy looking to extend the automatic stay.
- Debtors who have received communications from creditors seeking payment after filing for bankruptcy.
- Attorneys representing debtors in bankruptcy cases.
Instructions for completing this form
- Provide the debtor's name and case information at the top of the motion.
- Indicate the date the Chapter 11 case was filed and the date the automatic stay will expire.
- Clearly state the reasons supporting the request for an extension of the stay.
- Include a request for an expedited hearing on the motion.
- Complete the certificate of service, including the names and addresses of the attorneys being notified.
Notarization requirements for this form
This form does not typically require notarization unless specified by local law. Users should confirm their jurisdictionâs requirements before filing.
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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 all required case information accurately.
- Not stating sufficient grounds for the extension of the automatic stay.
- Missing deadlines for filing the motion.
- Not notifying all relevant parties as required by law.
Advantages of online completion
- Convenient access to the form without the need for a physical visit to a law office.
- Editability allows users to complete the form at their own pace.
- Using downloadable templates drafted by licensed attorneys helps ensure legal accuracy.
- Easy storage for future reference and submission.
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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.
