Extend Automatic Stay (Motion)

Rev. 1/15/2019

 

11 U.S.C. § 362(c)(3)(B)

 

Miss. Bankr. L.R. 4001-1(e)(1)

 

 

When a chapter 7, 11, or 13 individual debtor has a case previously dismissed within the preceding one-year period,within 30 days after the filing of the new case ("30 day period") the automatic stay automatically terminates.

 

If the debtor files a motion to continue the automatic stay within 30 day period and after notice and a hearing, the court may continue the automatic stay only when the motion demonstrates that the debtor filed the new case in good faith.

 

 

The debtor must:

 

1.

Within seven (7) days after filing the new case,  the debtor must file a Motion to Extend the Automatic Stay (the "Motion"), attaching a *Declaration in Support of the Motion ("Declaration") .  See Miss. Bankr. L.R. 4001-1(e)(1)(A) and (B).

 

 

*See Local Form MSSB-DEAS Declaration In Support of Motion to Extend The Automatic Stay Pursuant to 11 U.S.C. § 362(c)(3)

 

 

2.

The debtor must serve the Motion and Declaration on the affected parties.

 

3.

Within two (2) days after filing the Motion and Declaration the debtor must file a certificate of service with the court.

 

 

Docket Event:

 

[Bankruptcy > Motions/Applications> Extend Automatic Stay]

 

Requirements:

 

KMS Cases

NPO Cases

Motion, Declaration, and Certificate of Service to all creditors

Motion, Declaration, and Certificate of Service to all creditors

Set for Hearing

Set for Hearing

Proposed Order*

Proposed Order*

*See Local Form MSSB-OEAS Order Extending Automatic Stay