S.D. Miss. Bankruptcy Court - ECF Docketing Guide
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Motion to Extend Automatic Stay

Rev. 01/18/2024

11 U.S.C. § 362(c)(3)(B)
Miss. Bankr. L.R. 4001-1(e)(1)

When a chapter 7, 11, or 13 individual debtor has a case previously dismissed within the preceding one-year period, within 30 days after filing the new case ("30-day period"), the automatic stay automatically terminates.

If the debtor files a motion to continue the automatic stay within the 30-day period and after notice and a hearing, the court may continue the automatic stay only when the motion demonstrates that the debtor filed the new case in good faith.

When the debtor seeks to extend the automatic stay, the debtor must:

  1. File the Motion to Extend the Automatic Stay (the "Motion"), attaching a *Declaration in Support of the Motion ("Declaration") within seven (7) days after filing the new case. See Miss. Bankr. L.R. 4001-1(e)(1)(A) and (B).  *See Local Form MSSB-DEAS Declaration In Support of Motion to Extend The Automatic Stay Pursuant to 11 U.S.C. § 362(c)(3).
  2. Serve the Motion and Declaration on the affected parties.
  3. File a certificate of service with the court within two (2) days after filing the Motion and Declaration.

Docket Event:

[Bankruptcy > Motions/Applications > Extend Automatic Stay]

Requirements:

KMS Cases

JAW Cases

Motion, Declaration, and Certificate of Service to all creditors

Motion, Declaration, and Certificate of Service to all creditors

Set for Hearing

Set for Hearing

Proposed Order*

Proposed Order*

*See Local Form MSSB-OEAS Order Extending Automatic Stay

  

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U.S. Bankruptcy Court  ●  Southern District of Mississippi