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Motion To Extend Or Impose the Automatic Stay - Indiana
| Motion To Extend Or Impose the Automatic Stay Form. This is a Indiana form and can be used in Southern District Bankruptcy Court Federal . |
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B-4001-1 (rev 10/1/12) UNITED STATES BANKRUPTCY COURT Southern District Of Indiana In re: [Name of Debtor(s)], Debtor(s). ) ) ) ) Case No. (xx-xxxxx) MOTION TO (EXTEND OR IMPOSE) THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. '362(c)(3) [or (4)] The debtor(s) respectfully request(s) that this Court (extend or impose) the automatic stay, pursuant to 11 U.S.C. '362(c)(3) [or (4)], and in support thereof state(s): 1. 2. The debtor(s) filed this bankruptcy petition on (date). The debtor(s) previously filed bankruptcy, (case number), under Chapter (#) on (date) and that case was dismissed on (date). (If more than one prior filing in the past year) Debtor(s) also previously filed another bankruptcy case, (case number), on (date), and that case was dismissed on (date). 3. The debtor(s) had no other pending bankruptcy cases in the preceding one-year period. The debtor(s) did not have any prior case(s) dismissed in the past year for any of the following reasons: $ $ $ (failure to file or amend other required documents without substantial excuse), (failure to provide adequate protection as ordered by the Court), or (failure to perform the terms of a plan confirmed by the Court). 4. 5. There has been a substantial change in the financial or personal affairs of the debtor(s) since the dismissal of the last case, and the debtor(s) believe(s) that this case will: $ $ (If a Chapter 7) be concluded with a discharge; or (If a Chapter 11 or 13) result in a confirmed plan that will be fully performed. 1 American LegalNet, Inc. www.FormsWorkFlow.com B-4001-1 (rev 10/1/12) (Those changes are described in the attached affidavit.) 6. (If applicable) At the time of the dismissal of the prior case, one or more creditors had filed a Motion for Relief from Stay and such motion(s) (was/were) pending or had been resolved by terminating, conditioning, or limiting the stay as to actions by such creditor(s): [List creditor(s) and statuses of any motions for relief here.] 7. (If seeking to extend the stay) The automatic stay will terminate on (date) without further order of this Court. [Discuss contact with creditor(s), if any, prior to filing the motion.] 8. WHEREFORE, the debtor(s) pray that this Court grant the Motion to (Extend or Impose) the Automatic Stay as to all creditors (or identify creditors specifically), after notice and opportunity to be heard, and for all other proper relief. /s/ Counsel for Debtor(s) Counsel for Debtor(s) (required signature block) CERTIFICATE OF SERVICE (See "Certificate of Service - Generic" on the Court's website under "Forms/Local/Motions & Related Notices-Certificates of Service-Orders/Certificates of Service/Generic.") [Note: Attach Affidavit in Support of Motion to (Extend or Impose) Automatic Stay.] 2 American LegalNet, Inc. www.FormsWorkFlow.com B-4001-1 (rev 10/1/12) UNITED STATES BANKRUPTCY COURT Southern District Of Indiana In re: [Name of Debtor(s)], Debtor(s). ) ) ) ) Case No. (xx-xxxxx) AFFIDAVIT IN SUPPORT OF MOTION TO (EXTEND OR IMPOSE) THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. '362(c)(3) [or (4)] The debtor(s), in support of the Motion to (Extend or Impose) the Automatic Stay, state as follows: 1. 2. (I/We) filed this bankruptcy petition on (date). (I/We) previously filed bankruptcy, (case number), under Chapter (#) on (date) and that case was dismissed on (date). (If more than one prior filing in the past year) (I/We) also previously filed another bankruptcy case, (case number), on (date), and that case was dismissed on (date). 3. (I/We) have had no other pending bankruptcy cases in the preceding one-year period. (I/We) have not had any prior case(s) dismissed in the past year for any of the following reasons: $ $ $ (failure to file or amend other required documents without substantial excuse), (failure to provide adequate protection as ordered by the Court), or (failure to perform the terms of a plan confirmed by the Court). 4. 5. (I/We) have had a substantial change in (my/our) financial or personal affairs since the dismissal of the last case, and (I/we) believe that this case will: $ (If a Chapter 7) be concluded with a discharge; or 3 American LegalNet, Inc. www.FormsWorkFlow.com B-4001-1 (rev 10/1/12) $ (If a Chapter 11 or 13) result in a confirmed plan that will be fully performed. Those changes are as follows: (Describe in detail.) (I/We) affirm under the penalty of perjury that the foregoing is true and correct to the best of (my/our) information and belief. Signature of Debtor Signature of Joint Debtor 4 American LegalNet, Inc. www.FormsWorkFlow.com
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