Official Procedure Last Change August 29, 2016
Motion to Extend or Impose Automatic Stay
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > 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
Things to be aware of when filing: Use of the Court's sample form is recommended
- 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. Note that the 10 day period is not extended even if the tenth day falls on a weekend or holiday. View sample hearing notice
- Use of the Court's sample form is recommended.
- Motion must be signed by the 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.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and 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, or cannot be selected, view instructions on adding a 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.
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 and click Next.
11. Select prefix text, if applicable, 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.
12. Verify final docket text. If correct, click Next to submit.
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.