Motion to Reimpose (Reinstate) Automatic Stay
Restore the automatic bankruptcy stay after it has been terminated — critical protection for repeat or serial bankruptcy filers.
A Motion to Reimpose (or Reinstate) the Automatic Stay asks the bankruptcy court to restore the protection of the automatic stay (11 USC § 362) after it has been terminated. The automatic stay can be terminated by: the passage of time under § 362(c)(3)(A) for repeat filers (30 days after filing if there was a prior case dismissed in the prior year), a court order granting relief from stay, or operation of law for serial filers under § 362(c)(4)(A) (no stay at all for filers with 2+ prior dismissed cases). When the stay terminates automatically, the motion seeks to reimpose it by showing that the current case was filed in good faith. When the stay was lifted by court order, the motion seeks reinstatement based on changed circumstances (e.g., you now have funds for a plan that previously didn't exist).
Purpose of This Form
- 1Restore the automatic stay after it has been terminated by operation of law (repeat filer)
- 2Reinstate the stay after the court has lifted it based on changed circumstances
- 3Show that the current or continuing case was filed in good faith (not to hinder or delay creditors)
- 4Prevent a foreclosure sale from proceeding while the bankruptcy is pending
- 5Preserve the fundamental bankruptcy protections that make reorganization possible
Form Sections & How to Complete
Procedural History
Describe the prior bankruptcy case(s): case numbers, dates filed, dates dismissed or closed, reasons for dismissal. The court needs to understand the bankruptcy history to evaluate good faith.
Showing of Good Faith
The most critical section. Demonstrate: (1) the current case was filed in good faith — not for delay or to hinder creditors, (2) there has been a substantial change in circumstances since the prior dismissal (new job, new income, receipt of funds, change in family situation), and (3) the debtor has a reasonable likelihood of completing a successful reorganization.
Proposed Plan / Resolution
Describe what has changed and what the proposed resolution is: Chapter 13 plan, loan modification pending, sale of property, etc. The court needs to see a path to a successful outcome.
Filing Requirements
Where to File
U.S. Bankruptcy Court for the district where the case is pending.
Filing Fees
No separate filing fee for the motion.
Copies Required
Original to court + copy to all parties + trustee + keep your copy.
Timing / Deadlines
File IMMEDIATELY upon learning the stay has terminated. Under § 362(c)(3), the stay terminates 30 days after filing — file the motion within that 30-day window. The court must hold a preliminary hearing within 30 days. The movant bears the burden of proving good faith.
Related Forms
Chapter 13 Repayment Plan (Official Form 113)
Bankruptcy
Chapter 7 Voluntary Petition (Official Form 101)
Bankruptcy
proof-of-claim-objection
Coming soon
Frequently Asked Questions
Why did my automatic stay terminate automatically?▼
Under 11 USC § 362(c)(3), if you had a prior bankruptcy case dismissed within the previous 1 year, the automatic stay in your new case expires 30 days after filing — automatically, without any action by the lender. This is to prevent abuse by repeat filers who file solely to stop foreclosure sales. You can extend the stay beyond 30 days by filing a Motion to Reimpose and proving the new case was filed in good faith. If you had 2 or more cases dismissed in the prior year, § 362(c)(4) provides that NO automatic stay arises at all — you must file this motion to get a stay.
How do I prove 'good faith' to the court?▼
Good faith is demonstrated by: (1) a substantial, genuine change in circumstances since the prior dismissal — new job, serious medical condition resolving, receipt of funds, or some other real change (not just 'I'll try harder this time'), (2) a realistic, feasible plan — the court wants to see a clear path to completing the bankruptcy or modification, (3) prompt filing — you filed the motion quickly, not the day before a foreclosure sale, (4) no pattern of serial filing — 2 prior cases is a red flag, 3+ is extremely difficult to overcome.
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