Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
MOTION FOR CONTINUATION OF AUTOMATIC STAY AFTER PRIOR DISMISSAL WITHIN YEAR OF FILING
TO THE HONORABLE JUDGE OF THIS COURT:
COME NOW Debtor(s), DEBOTR’S NAME, pursuant to 11 U.S.C. §362(c)(3)(B), requesting an order continuing the automatic stay provided under 11 U.S.C. §362(a) as to all creditors. In support of this motion, Debtor(s) states as follows: This Court has jurisdiction over this matter pursuant to 11 U.S.C. §105(a), 28 U.S.C. §157(b)(1), and 28 U.S.C. §1334. This matter constitutes a core proceeding as defined by 28 U.S.C. §157(b)(2). Debtors filed the current petition for relief under Chapter 13 on DATE CURRENT CASE FILED. Within the twelve months prior to said filing date, Debtors were in an active Chapter 13 case, number PREVIOUS CASE NUMBER. Said case dismissed on DATE OF DISMISSAL, for REASON FOR DISMISSAL. Debtor(s) prior Chapter 13 case was not dismissed because the Debtors failed to (a) file or amend the petition or other documents as required, (b) provide adequate protection as ordered by the Court, or (c) perform the terms of a confirmed plan. Debtors have no other cases pending within the twelve month period prior to DATE CURRENT CASE FILED. Debtors filed NUMBER other bankruptcy case(s) in the last eight years, CASE NUMBER. Said case was filed on DATE and dismissed on DATE, for REASON FOR DISMISSAL. As of the date of dismissal of Debtors’ prior case(s), the following §362(d) actions were either pending or resolved by terminating, conditioning, or limiting the stay. LIST PRIOR MTLS 8. Debtors filed the pending case in good faith. A substantial change in the financial and personal affairs of the Debtors has occurred since the dismissal of the previous case. Specifically, CHANGES IN CIRCUMSTANCES. 9. Debtors will fully perform the terms of a confirmed plan in the pending case. 10. This motion is not made for the purposes of delay. WHEREFORE, PREMISES CONSIDERED, DEBTOR NAME respectfully XXXXX XXXXX Court continue the stay under 11 U.S.C. §362(a) as to all creditors for the duration of this Chapter 13 proceeding, or until such time as the stay is terminated under §362(c)(1) or (c)(2), or a motion for relief from stay is granted under §362(d).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).