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In re McQuade

United States Bankruptcy Court, E.D. Michigan, Southern Division
Mar 2, 2007
Case No. 06-58333 (Bankr. E.D. Mich. Mar. 2, 2007)

Opinion

Case No. 06-58333.

March 2, 2007


ORDER DENYING DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY


On December 11, 2006, Debtor filed a voluntary petition for relief under Chapter 13, and "Debtor's First Motion To Extend Stay Beyond 30 Days Pursuant to 11 USC § 362(c)(3)" (Docket # 7).

Under 11 U.S.C. § 362(c)(3)(B), in order for the Court to extend the 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, L.B.R. 4001-6(a) (E.D.M.) requires that a motion to extend the stay be filed and served within 7 days after the bankruptcy petition is filed, and that:

Immediately after filing the motion [to extend the stay], the movant shall obtain a hearing date from the judge's courtroom deputy clerk, who will cause notice of the hearing to be served on parties in interest.

In this case, Debtor did not contact the judge's courtroom deputy clerk to obtain a hearing date, and the stay terminated on January 10, 2007. It is now obviously impossible to schedule and complete a hearing on Debtor's motion to extend the stay within the required 30-day period. As a result, the motion must be denied.

Accordingly,

IT IS ORDERED that "Debtor's First Motion To Extend Stay Beyond 30 Days Pursuant to 11 USC § 362(c)(3)" (Docket # 7), is DENIED.


Summaries of

In re McQuade

United States Bankruptcy Court, E.D. Michigan, Southern Division
Mar 2, 2007
Case No. 06-58333 (Bankr. E.D. Mich. Mar. 2, 2007)
Case details for

In re McQuade

Case Details

Full title:In re: BRUCE McQUADE, Chapter 13, Debtor

Court:United States Bankruptcy Court, E.D. Michigan, Southern Division

Date published: Mar 2, 2007

Citations

Case No. 06-58333 (Bankr. E.D. Mich. Mar. 2, 2007)