Extend Automatic Stay (Motion)

Rev. 10/23/2018

 

11 U.S.C. § 362(c)(3)(B)

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

 

 

In chapter 7, 11, or 13 case if the individual debtor was a debtor in a previously dismissed case within the preceding one-year period, the automatic stay automatically terminates within 30 days after the file date of the new case.

 

The court may continue the automatic stay upon the filing of a motion that demonstrates that the latter case is being filed in good faith, but only after notice and an opportunity for a hearing within 30 days from the filing of the new case.   

 

The debtor must:

 

1.

within seven (7) days after filing the new case, 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.

serve the Motion and Declaration on the affected parties.

 

3.

within two (2) days of the filing of the Motion and Declaration file a certificate of service with the clerk.

 

 

Docket Event:

 

[Bankruptcy > Motions/Applications> Extend Automatic Stay]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion, Declaration, and Certificate of Service to all creditors

Motion, Declaration, and Certificate of Service to all creditors

Motion, Declaration, and Certificate of Service to all creditors

Set for Hearing

Set for Hearing

Set for Hearing

*Proposed Order

*Proposed Order

*Proposed Order

 

*See Local Form MSSB-OEAS Order Extending Automatic Stay