Impose Automatic Stay (Motion)

Rev. 9/20/2018

 

11 U.S.C. § 362(c)(4)

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

 

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.

 

 

If the debtor seeks to impose the automatic stay, he/she/they must:

 

1.

File a Motion to Impose the Automatic Stay (the "Motion"), attaching a *Declaration in Support of the Motion ("Declaration") .  See Miss. Bankr. L.R. 4001-1(f)(1)(A).

 

 

*See Local Form MSSB-DIAS Declaration In Support of Motion to Impose The Automatic Stay Pursuant to 11 U.S.C. § 362(c)(4)

 

 

2.

Serve the Motion and Declaration on all parties against whom the debtor seeks to impose the stay and within two (2) days of the filing of the Motion and Declaration file a certificate of service with the clerk.  See Miss. Bankr. L.R. 4001-1(f)(1)(B)

 

 

 

Docket Event:

 

[Bankruptcy> Motions/Applications> Impose 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-OIAS Order Imposing Automatic Stay