Opinion
Case No. 07-47442.
April 27, 2007
ORDER DENYING, AS UNNECESSARY, DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY
This case is before the Court on "Debtor's Motion To Extend Stay Beyond 30 Days Pursuant to 11 USC. § 362[(c)](3)(B)," filed on April 23, 2007 (Docket # 14). The Court must deny the motion because it is unnecessary. 11 U.S.C. § 362(c)(3) does not apply in this case, and thus the automatic stay will not terminate under that section.
Section 362(c)(3)(A) provides:
(3) if a single or joint case is filed by or against debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) —
(A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;
11 U.S.C. § 362(c)(3)(A). This provision does not apply to this case because Debtor did not have any case "pending" within the 1-year period before filing this case that was dismissed.
Debtor filed a voluntary petition for relief under Chapter 13 on April 16, 2007, initiating this case. This is Debtor's fifth bankruptcy case. Debtor's bankruptcy cases are as follows: Case No. 01-62626 (Chapter 13) filed November 21, 2001 and dismissed on March 15, 2002 before confirmation of a Chapter 13 plan; Case No. 02-48326 (Chapter 13) filed on April 8, 2002 and dismissed on September 2, 2003 due to Debtor's failure to make payments under her confirmed Chapter 13 Plan; Case No. 03-56327 (Chapter 13) filed on June 10, 2003 and dismissed on October 2, 2003 before confirmation of a plan; Case No. 03-74074 (Chapter 13) filed on December 10, 2003 and still pending; and this case (Case No. 07-47442).
An entry on the Court's docket indicates that on August 18, 2004, in Case No. 03-74074, the Court held a hearing on a motion to dismiss the case with a 180 day bar by Saxon Mortgage (Docket # 13), and granted the motion. However, the Court did not grant the motion, and no order dismissing the case was ever filed. Rather, on August 19, 2004, a "Stipulated Order Modifying the Plan" (Docket # 22) was filed, which indicated that a resolution of Saxon Mortgage's motion to dismiss the case with a 180 day bar had been reached, and recited the terms of the resolution. Case No. 03-74074 remains pending.
For this reason, Debtor's motion is not necessary. The stay will not terminate under § 362(c)(3)(A).
Accordingly,
IT IS ORDERED that "Debtor's Motion To Extend Stay Beyond 30 Days Pursuant to 11 USC. § 362[(c)](3)(B)" (Docket # 14), is DENIED as unnecessary.