Local Rule RULE 4001-2: Motions to Extend or Impose Automatic Stay
Bankr. E.D. La. — Civil rule
RULE 4001-2 Motions to Extend or Impose Automatic Stay A. In order to obtain an extension of the automatic stay, the debtor must file a motion to extend or impose the automatic stay within seven (7) days of the filing of the petition for relief. The motion and notice of hearing must be served on the trustee and his counsel, the Office of the United States Trustee, and the entire mailing matrix including all parties with a particular interest in property of the estate. The debtor must attend the hearing, and the parties must be prepared to present evidence.
B. Motions will be considered frivolous unless specific grounds for extension or imposition are set forth in the motion. Recitation of the language contained in section 362(c)(3) is insufficient. Motions to extend or impose the automatic stay must contain the following:
1. The case numbers of all prior filings by the debtor and the debtor's spouse;
2. The distributions made in the prior case(s);
3. The payments made by the debtor in the prior case(s);
4. Whether discharge was granted or the case(s) was dismissed;
5. If the case was dismissed, the date of and reason for dismissal; and 6. The specific reasons why the stay should be extended or imposed.
C. If a debtor has filed timely a motion to extend but must schedule the hearing after expiration of the thirty (30) day temporary stay because there is no available hearing day prior to the stay's expiration, counsel must email chambers a proposed order extending the automatic stay until the court rules on the motion. If a debtor fails to timely request an extension of the stay, the court may, on good cause, extend the stay until the court rules on the motion.
D. If the automatic stay terminates because the debtor fails to request an extension or the automatic stay was never imposed, upon ex parte motion of a party in interest detailing the case number and dismissal dates of the debtor's previous case(s), the court may enter an order confirming the lack of an automatic stay.
See Local Rule 2002-1(E).