(Emergency) Motion Extend-Impose Automatic Stay With Affidavit In Support {4001}

4001 - (EMERGENCY) MOTION TO (EXTEND OR IMPOSE) THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. 362(c)(3) [or (4)]. This form is used in the United States Bankruptcy Court for the Southern District of Indiana to request the court to continue or reinstate the automatic stay under 11 U.S.C. § 362(c)(3) or (4). The automatic stay is a legal protection that halts creditor collection actions, foreclosures, evictions, and other proceedings against the debtor once a bankruptcy case is filed. This motion is typically used when a debtor has filed for bankruptcy multiple times within a one-year period. If a debtor had a prior bankruptcy case dismissed within the last year, the automatic stay only lasts 30 days unless extended by the court. If the debtor had two or more cases dismissed within the past year, no automatic stay goes into effect unless the court imposes one. This motion explains why the debtor believes they deserve continued protection, including demonstrating a substantial change in financial or personal circumstances since the previous dismissal. The debtor must also certify that previous cases were not dismissed due to procedural failures, lack of compliance, or bad faith. If granted, the court extends or imposes the automatic stay, allowing the debtor to proceed with their bankruptcy case without immediate creditor enforcement actions. www.FormsWorkflow.com