RULE 4001-1.1 MOTIONS TO EXTEND STAY OR MOTIONS FOR THE STAY TO TAKE EFFECT: NOTICE REQUIREMENTS

(a)    General.  A motion to extend the automatic stay or for the stay to take effect must include the following information:

 

(1) The case number, filing date, and dismissal date of the case(s) dismissed within the preceding 1-year period;

(2) Basis for dismissal of the prior case(s);

(3) Whether the extension is sought as to one or all creditors; and, if the extension is sought for less than all creditors, the identity of the creditor(s) for whom the extension is sought and an explanation why the extension is sought as to the creditor(s) identified;

(4) The change in personal or financial affairs of the debtor since the dismissal of the prior case(s); and

(5) Any additional supporting information.

 

(b)    Service.  Any party that files a motion to extend the automatic stay or for the stay to take effect must serve a copy of the motion upon the following: 

 

•  the debtor;

•  the Trustee;

•  all creditors; and

•  any other entity as the Court may direct. 

 

The movant must attach a certificate of service to the motion.  A motion to extend the automatic stay or for the stay to take effect should be filed with the original bankruptcy petition or immediately thereafter to ensure timely completion of the hearing as the Code requires.

(c)     Notice of Hearing.  The clerk's office or some other person as the Court may direct will prepare and send a notice of hearing with no fewer than 14 days notice prior to the hearing date.  The notice must be sent to the following: 

 

•  the debtor;

•  the Trustee;

•  all creditors; and

•  any other entity as the Court may direct. 

 

(Eff. 7/1/2010)