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.