Motion to Impose Automatic Stay

When an individual debtor has had two or more dismissed cases within the previous year, there is no automatic stay in effect when the debtor files the new case (the "Latter Case").

Within 30 days after the filing of the Latter Case a party-in-interest may file a motion to impose the automatic stay, and after notice and a hearing, the court may enter an order imposing the automatic stay the as to any or all creditors.

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

1. File a Motion to Impose the Automatic Stay (the "Motion"), attaching a Declaration in Support of the Motion ("Declaration").  See Miss. Bankr. L.R. 4001-1(f)(1)(A).  See Local Form MSSB-DIAS Declaration In Support of Motion to Impose The Automatic Stay Pursuant to 11 U.S.C. § 362(c)(4)
2. Serve the Motion and Declaration on all parties against whom the debtor seeks to impose the stay and within two (2) days of the filing of the Motion and Declaration file a certificate of service with the clerk. See Miss. Bankr. L.R. 4001-1(f)(1)(B).