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Motion To Continue The Automatic Stay - West Virginia
| Motion To Continue The Automatic Stay Form. This is a West Virginia form and can be used in Northern District Bankruptcy Court Federal . |
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA IN RE: , ) ) ) ) ) ) Case No. Debtors. Chapter MOTION TO CONTINUE THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. § 362(c)(3) The above-captioned Debtors request that the Court continue the automatic stay of 11 U.S.C. § 362(a) beyond the 30th day after the filing of this case. In support of the Motion, the Debtors state: 1. The Debtors filed a previous bankruptcy case on _________________(date), in the United States Bankruptcy Court for the _______________________ (district and State), Case Number: _________________. 2. The Debtors' previous bankruptcy case was dismissed on _________________ (date) because: ______________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 3. The Court may extend the stay in particular cases as to any or all creditors (subject to such conditions or limitations as the court may then impose) after notice and a hearing completed before the expiration of the 30-day period only if the moving party demonstrates that the filing of the later case is filed in good faith as to the creditors to be stayed. This determination is based on the totality of the circumstances of this case. 4. This case was filed in good faith as to the creditors to be stayed because:___ ______________________________________________________________________________ _______________________________________________________________________________ ______________________________________________________________________________. 5. Creditors have not suffered any untoward prejudice to due to the lapse of time between the dismissal of the previous bankruptcy case and the filing of the current case. 1 American LegalNet, Inc. www.FormsWorkFlow.com WHEREFORE, the Debtors respectfully request that the automatic stay of 11 U.S.C. § 362(a) be extended as to all creditors beyond the 30th day after the filing of this Case. In the alternative, the Debtors request that the court extend the automatic stay as to some, but not all creditors, as the Court deems just and proper. __________________________________ (/s/Name) (Date) Address Tele. No.: CERTIFICATE OF SERVICE I swear under penalty of perjury that I have served, via First Class Mail, postage pre-paid, all parties in interest affected by this Motion to Extend the Automatic Stay on this ____ day of _____, 20____. The names and addresses of the parties served with this Motion are as follows: _________________________________ (/s/ Name) (Date) Address Tele. No.: 2 American LegalNet, Inc. www.FormsWorkFlow.com
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