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Judge Cassling’s procedures regarding Motions to Continue Stay in Effect have been updated.

Thursday, December 26, 2019

Motions to continue the automatic stay in effect pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic stay under § 362(c)(4) must:

(1) State the case number of previous cases dismissed within one year of the filing of the present case;

(2) Include copies of Schedules I and J from all previous cases dismissed within one year of the filing of the present case, and Schedules I
     and J from the current case;

(3) State in detail the bases for continuing the stay in effect or imposing the stay; and

(4) Append a detailed affidavit containing specific facts demonstrating all circumstances, including those relating to the substantial change
     in the debtor's financial or personal affairs, to rebut the presumption.

Failure to comply with these requirements will result in denial of the motion for the debtor's failure to rebut by clear and convincing evidence the presumption that the case was filed in bad faith. See 11 U.S.C. § 362(c)(3) & (4).