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Local Bankr.R.4001-2

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Local Bankr. R. 4001-2 Continuation or Imposition of Automatic Stay.

(a)      Motion and Hearing Required. Any party that seeks a continuation or imposition of the automatic stay under 11 U.S.C. §§ 362(c)(3)(B) or (c)(4)(B) shall file a motion with the Court, on notice to all parties against whom the movant seeks to continue or impose the stay. The motion shall be filed with the petition or as soon as practicable thereafter.

(b)      Content of Motion. An affidavit or declaration of the movant shall be attached to the motion and shall:

(1)    specifically allege the identity of the creditor(s) as to which the movant seeks to continue or impose the stay;

(2)    identify, by case number, any and all prior bankruptcy filings by the Debtor;

(3)    state whether the Debtor has had more than one previous case pending within the preceding year;

(4)    state whether any previous case was dismissed within the preceding year after the Debtor failed to perform any of the acts set forth in 11 U.S.C. §362(c)(3)(C)(i)(II);

(5)    state whether there has been a substantial change in the financial or personal affairs of the Debtor and, if so, support the statement with specific factual allegations;

(6)    state whether any creditor moved for relief from the automatic stay in a previous case and, if so, the disposition of that motion; and

(7)    allege specific facts entitling the movant to relief.

See preferred forms of proposed orders.