IN MATTER OF CONTINUATION OF STAY

Full title: IN THE MATTER OF: CONTINUATION OF STAY PURSUANT TO 11 U.S.C. § 362(c) (3…

Court: United States Bankruptcy Court, D. Puerto Rico

Date published: Dec 9, 2005

GENERAL ORDER 05-12 (Bankr. D.P.R. Dec. 9, 2005)

Opinion

GENERAL ORDER 05-12.

December 9, 2005

ORDER AND NOTICE TO PRACTITIONERS

GERARDO CARLO, Chief Judge ENRIQUE LAMOUTEE, Bankruptcy Judge SARA DeJESUS, Bankruptcy Judge

Effective on December 9, 2005, the following procedures shall apply to motions for continuance of the automatic stay pursuant to 11 U.S.C. § 362 (c) (3):

I. Content of motion. Any motion filed by a party in interest pursuant to § 362 (c) (3) (B) shall:

A. Identify the prior case filed by the debtor within the preceding year and its disposition and shall also state whether: (1) the later filed case is a Chapter 11 or 13 case that is being refiled after dismissal under § 707 (b); (2) if any motion for relief from the stay was pending and/or; (3) if any motion had been resolved by terminating, conditioning, or limiting the stay, in the prior case at the time of dismissal;

B. Explain the extent to which the party in interest wishes the automatic stay to be continued, including the length of the proposed continuation and the parties affected (i.e. all creditors or only particular creditors); and

C. Indicate the grounds for the relief requested.

II. Time for Filing. The motion should be filed with the petition or three (3) days thereafter in order to allow sufficient time for a hearing on notice, before the 30^th day after the filing of the case.

III. Notice. Service of the motion for continuation of the automatic stay shall be made to all creditors and parties in interest within three (3) days from the filing of the motion. A certificate of service must be filed within five (5) days. If the certificate is not timely filed, the court may deny the motion for failure to provide notice. The motion shall allow eleven (11) days from service to file an answer, informing that if no timely objections are filed, an order may be entered granting the relief requested in the motion and continuing the automatic stay.

IV. Hearing on the Motion. Immediately after the motion for continuation of the automatic stay is filed, the Clerk shall schedule a hearing to be held within thirty (30) days from the filing of the petition. The hearing may be vacated, if no answer is filed in the eleven (11) days provided to the parties.

SO ORDERED.