The docket event previously used to file a motion to extend/impose the stay has been changed. Two docket events are now available. One is for motions to extend the stay and the other is for motions to impose the stay. Please make sure that you select the correct docket event when filing a motion either to extend or to impose the stay.
 
Motions to extend the stay are filed pursuant to §362(c)(3). Generally when a debtor has had one prior case dismissed within the one year period before the filing of the current case, the automatic stay terminates thirty days after the case filing. The stay may be extended by the filing of a motion by a party in interest and upon a demonstration that the current case was filed in good faith. See 11 U.S.C. §362(c)(3).
 
Motions to impose the stay are filed pursuant to §362(c)(4).Generally when a debtor has had two or more cases dismissed within one year before the filing of the current case, the automatic stay does not come into effect upon the case filing. The stay may be imposed by the filing of a motion by a party in interest and upon a demonstration that the current case was filed in good faith. See 11 U.S.C. §362(c)(4).
 
Judge Gorman has added a section to her Procedures regarding the filing of motions to extend or to impose the stay. Practitioners in the Springfield and Urbana divisions should consult her Procedures for further guidance on the filing of these motions. Click here to access her Procedures.