Extend Automatic Stay (Motion)

08/26/2014

 

11 U.S.C. § 362(c)(3)(B)

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

Standing Order Regarding Motion to Extend or Impose Automatic Stay (Order No. 2011-3)

 

The automatic stay is terminated within 30 days in a chapter 7, 11, or 13 case filed by or against an individual if such individual was a debtor in a case previously dismissed within the preceding one-year period.

 

Upon motion of a party in interest, the court may continue the automatic stay after notice and an opportunity for a hearing is provided prior to the expiration of the 30-day period, if such  party demonstrates that the latter case was filed in good faith as to the creditors who are stayed by the filing.

 

On September 20, 2011, the judges of the United States Bankruptcy Court for the Southern District of Mississippi entered a standing order regarding a motion to extend or impose the automatic stay.  Effective September 20, 2011 the court may grant a motion to extend or impose the automatic stay without conducting a hearing subject to certain conditions being met by the debtor and without objection from an affected creditor.  

 

10/01/2013 - Proposed order extending stay due to no response is available for download from the Court's web site under the Bankruptcy Forms/Fees tab.  See local form MSSB-OEAS.

 

Docket Event:

[Bankruptcy > Motions/Applications> Extend Automatic Stay]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service to all creditors

Motion with Certificate of Service to all creditors

Motion with Certificate of Service to all creditors

Set for Hearing

    Set for Hearing

    Set for Hearing

    Proposed Order

    Proposed Order

    Proposed Order