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Automatic Stay:  § 362:  Continue / Extend or Impose Stay: DEBTOR FILES MOTION

Section 1 - Common Bankruptcy Procedures & Information
Section 2 - Serving Documents & Giving Notice
Section 3 - Judges' Procedures -- Judges' Webpages
Section 4 - Match Local Bankruptcy Rules with Forms

4001-1(d)-IC:  Automatic Stay:  § 362:  Continue / Extend or Impose Stay:  DEBTOR FILES MOTION

Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed.  This offers protection from creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay.  However, the automatic stay may end 30 days after the petition is filed, if the debtor filed one bankruptcy case within the year before the debtor filed the current bankruptcy petition.  In this situation, the debtor may file a motion to continue the stay beyond the 30-day period.  This is sometimes called a motion to extend the stay.

The stay may not even be imposed if the debtor filed two or more bankruptcy petitions in the year before filing the current bankruptcy petition.  In this situation, a debtor may file a motion to impose the stay . 

  • The court has ONE form to use by the debtor to either continue the stay or impose the stay.  LBR 4001-1(d) indicates the LBR form is mandatory. 
  • The court has ONE order to use after the hearing, and the order has options to indicate the court granted the motion or denied the motion. 
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
4001-1(d)-IC
Reference to Local Rules and/or Forms: 
Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate
Response to Motion Regarding The Automatic Stay And Declaration(s) in Support
Order Granting Motion for Order Imposing a Stay or Continuing the Automatic Stay
Rule 4001-1 through 4008-1