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In re Reed, 17-56200. (2018)

Court: United States Bankruptcy Court, E.D. Michigan Number: inbco20180104814 Visitors: 26
Filed: Jan. 03, 2018
Latest Update: Jan. 03, 2018
Summary: ORDER DENYING THE DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on a motion filed by the Debtor on January 2, 2018, entitled "Motion to Extend Stay Pursuant to [ 363(C)(3)(B)]" (Docket # 31, the "Motion"). The Court must deny the Motion, because it was not timely filed, and because it was filed too late to enable the Court to comply with the 30-day hearing deadline of 11 U.S.C. 362(c)(3)(B). Under 11 U.S.C. 362(c)(3)(B
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ORDER DENYING THE DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY

This case is before the Court on a motion filed by the Debtor on January 2, 2018, entitled "Motion to Extend Stay Pursuant to [§ 363(C)(3)(B)]" (Docket # 31, the "Motion"). The Court must deny the Motion, because it was not timely filed, and because it was filed too late to enable the Court to comply with the 30-day hearing deadline of 11 U.S.C. § 362(c)(3)(B).

Under 11 U.S.C. § 362(c)(3)(B), in order for the Court to extend the automatic stay, a hearing on a motion to extend the automatic stay must be completed within 30 days after the filing of the case. Because of the statute's 30-day hearing deadline, LBR 4001-4(a) (E.D. Mich.) requires that a motion to extend the stay be filed and served within seven days after the bankruptcy petition is filed. LBR 4001-4(a) provides further: "When such a motion is filed, the court will schedule a hearing with a notice to all parties in interest. If the movant has not received a notice of hearing within seven days after filing the motion, the movant may contact the judge's courtroom deputy clerk to obtain a hearing date within the time limit established by law."

The Debtor filed her voluntary petition for relief under Chapter 13 in this case on November 21, 2017. The Debtor did not file the Motion until January 2, 2018, which was 42 days after the petition date, and therefore 35 days after the deadline to file such a motion expired under LBR 4001-4(a).1 This was also 12 days after the 30-day hearing deadline expired on December 21, 2017. It is, of course, now impossible to hold a hearing on the Motion by December 21, 2017, as the statute requires. As a result, the Motion must be denied.

Accordingly,

IT IS ORDERED that the Motion (Docket # 31) is denied.

FootNotes


1. The Debtor initially filed an untimely motion to extend the stay on December 1, 2017 (Docket # 19), but that motion was stricken, for the reasons stated in the Court's order filed December 12, 2017. (See Docket ## 20, 22).
Source:  Leagle

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