Is an Automatic Stay Form Included in Standard Legal’s Bankruptcy Package?

A “Motion to File Automatic Stay” (more appropriately, a ‘motion to impose the automatic stay’) is not a standardized bankruptcy form. Rather, it is a filing required under 11 U.S.C. §362(c )(3) & (4) when a previously filed bankruptcy case is dismissed.

The motion is prepared by the debtor or debtor’s counsel and filed with the court, often times with a proposed order granting the motion and with copies provided to the creditors listed in the schedules.

While this motion is not a standardized form and as such is not available from Standard Legal, the following link provides a sample of what your motion may look like when its prepared:

Note the link is to a motion required by one specific District Bankruptcy Court. A filer must check with his or her location’s District Bankruptcy Court to make sure the language of the motion complies with local rules when preparing and filing this form.