Motion to Extend or Impose Automatic Stay

General Information:

• Restrictions on the duration of the Automatic Stay for serial filers apply only to chapters 7, 11 and 13. Therefore, a Motion to Extend or Impose Automatic Stay does not need to be filed in Chapter 12 cases.

• If the Motion is filed within the first 10 days after the filing of the bankruptcy case, the Court will prepare and issue an objection notice setting a hearing date.

• The Court may decide to rule on the Motion without actually holding the hearing if a supporting affidavit has been filed by the debtor within 14 days of the date of filing of the Motion and if no objections have been filed. (The Court does not require that said affidavit be notarized.)

• If the motion is filed more than 10 days after the filing of the bankruptcy case, the moving party must contact the court for a hearing date and time and must prepare and file a hearing notice with Certificate of Service using ECF event, Hearing on Emergency Motion to Extend/ Impose Automatic Stay. The hearing will be held even if debtor has supplied an affidavit and no objections have been filed.  View sample hearing notice

Filing requirements

• Use of the Court's sample form is recommended

• Motion must be signed by debtor or debtor's attorney

• A Certificate of Service must accompany the Motion

• A proposed order must be uploaded at the time of filing of the Motion

Step by Step Instructions:

1. Log into CM/ECF

2. Select Bankruptcy > Motions, Applications & Briefs

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

4. Select Extend Automatic Stay Under 11 U.S.C. 362(c)(3)(B), Motion to or Impose Automatic Stay Under 11 U.S.C. 362(c)(4)(B), Motion to, as appropriate, from the event list. Click Next

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

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

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

9. Browse to select the Motion (pdf file).  Click Next

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended.

11. Click Next

12. Enter additional text, if desired, and/or select prefix text and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

14. Upload proposed order

Curing Deficiencies

If the Motion is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the Motion may be stricken.