Motion to Impose Automatic Stay
Last Updated: December 1, 2009

IF:

THEN:

  1. A single or joint case is filed under chapter 7, 11, 12 or 13;

  2. That same individual had two or more single or joint cases that were pending within the preceding 1-year period;

  3. Those prior cases were dismissed; and

  4. The current case filed is not a Chapter 11, 12 or 13 case that is being refiled after dismissal under § 707(b)

§ 362(c)(4) applies and the stay will not go into effect in debtor's current case.

Within 30 days after the filing of the later case, a party in interest may file a Motion to impose the automatic stay.

Filing Requirements:

  • Motion

  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time. Notice is sent to the parties in interest.

  • Proposed Order

  • Proof of Service


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Impose Automatic Stay] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the last day to object (defaults to 14 days; modify if necessary).

  9. Modify the text as appropriate.

  10. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  11. Electronically file the Proposed Order. Instructions

     

     

     

     

     

    11 U.S.C.: 362(c)(4)
    FRBP
    :