Under 11 U.S.C. § 362(c)(3)(B) and § 362(c)(4)(B), the automatic stay may be continued or imposed for debtors filing a case with 1 or more previously dismissed cases pending during the preceding year. Local Bankruptcy Rule 4001-1 allows for the court to rule on the motions to continue or impose the stay if the debtors meet the requirements under that local rule.
The court has noticed a number of similar reasons by debtors to show, by clear and convincing evidence, why they can rebut the presumption that the current filing was made in bad faith. To assist the debtors, creditors, the Bar and the case administration, the court has developed a form motion. The form motion provides the most common reasons why the prior case(s) were dismissed using “check the box” options. Also provided is a fill in the blank line alternative if the reasons for the prior dismissal are not otherwise mentioned or if additional facts are needed to rebut the presumption.
We hope that using this form will streamline your practice, save valuable time, and allow for a more consistent practice. Please note that proposed orders do not need to be filed with the motion. Both Chief Judge Humrickhouse and Judge Warren use form orders granting the relief if the requirements under the Bankruptcy Code and the Local Rules are met.