Impose Automatic Stay (Motion)

10/01/2013

 

11 U.S.C. § 362(c)(4)

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

 

There is no automatic stay in effect upon the filing of a new case, when an individual debtor has had two or more cases that were dismissed within the previous year.  Within 30 days of the new filing a party in interest may file a motion to impose the automatic stay and after notice and a hearing the court may enter an order to impose the automatic stay as to any or all creditors.

 

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.  

 

10/1/2013 - Proposed order imposing automatic  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-OIAS.

 

Docket Event:

[Bankruptcy> Motions/Applications> Impose 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