Last updated: 4/13/2015
Motion For Order Confirming Inapplicability Of The Automatic Stay
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Description
EXHIBIT A to Amended General Order 08-1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO In re: Debtor(s). ) ) ) ) ) Case No. Chapter Judge MOTION FOR ORDER CONFIRMING INAPPLICABILITY OF THE AUTOMATIC STAY UNDER 11 U.S.C. § 362(c)(4)(A)(1) (th e "Movant") moves this Court under § 362(c)(4)(A)(ii) of the Bankruptcy Reform Act of 1978, as amended (the "Bankruptcy Code") for an Order confirming that the stay imposed by § 362 of the Bankruptcy Code is not in effect in the Current Case (as defined below). In support of this motion, the Movant states: 1. That on , th e individual(s) listed above (collectively, the "Debtor") filed this chapter case (the "Current Case"); That within the preceding year, the following bankruptcy cases, which were filed by or against Debtor (individually, a "Prior Case"), were pending and were dismissed: Case Number Date of Dismissal Basis for Dismissal* 2. 3. That the Current Case is not a Chapter 11, 12 or 13 that has been re-filed after dismissal of a Prior Case under § 707(b) of the Bankruptcy Code. WHEREFORE, Movant prays for an Order from the Court confirming that under § 362(c)(4)(A)(i) of the Bankruptcy Code, the stay imposed by § 362(a) of the Bankruptcy Code is not in effect in the Current Case. Attorney & Bar Number Law Firm Street Address City/State/Zip Code Telephone Number Email Address * A brief explanation of the basis on which the Prior Case was dismissed must be set forth including a reference to all applicable Bankruptcy Code sections such as "dismissal under § 707(b) for Debtor's failure to pass the means test" or "dismissal under § 521(i) for Debtor's failure to file the following documents ( ), as required by § 521(a)(1)" or "dismissal under § 1307(c) for Debtor's failure to timely make plan payments." American LegalNet, Inc. www.FormsWorkFlow.com
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