Motions to Extend the Automatic Stay Under Section 362(c)(3) and Motions to

Impose Automatic Stay Under Section 362(c)(4) (a) Contents. Unless otherwise indicated in the motion, a motion to extend the automatic stay under § 362(c)(3) or impose an automatic stay under § 362(c)(4) shall be presumed to apply to all creditors. If the motion seeks only to extend the stay or to impose the stay as to particular creditors, then the motion must identify those particular creditors. The motion also must state with particularity why the later filing has been made in good faith.

(b) Notice of Hearing: Service. The “if and only if” notice procedure described in Local Bankruptcy Rule 9007-1 does not apply to Motions to Extend the Automatic Stay Under Section 362(c)(3) and Motions to Impose Automatic Stay Under Section 362(c)(4). Instead, a definite hearing must be scheduled. Service of the motion and notice of hearing is governed 30 by Local Bankruptcy Rules 9013-1(b)(4) and 9013-1(e).

A notice of hearing for a motion that seeks to extend or impose the stay as to all creditors must be served upon all creditors. A notice of hearing for a motion that seeks to extend or impose the stay only as to particular creditors must be served upon those creditors. (c) Affidavit or Declaration. The moving party must file a verified affidavit or a declaration in compliance with 28 U.S.C. § 1746 setting forth the substantial changes in the financial or personal affairs of the debtor since the dismissal of the next most previous bankruptcy case.

In the absence of timely filed objections, the court may extend the automatic stay without testimony where a sufficient affidavit or declaration has been filed.