Opinion
Case Number 06-40677 (JBR).
June 6, 2006
Lawson Williams for Debtor
Andrew S. Harmon for Chase Home Finance, LLC
COURT ACTION:
Show Cause Order ______ Released ______ Enforced ______ Granted ______ Approved ______ Moot ______ Denied ______ Denied Without Prejudice ______ Withdrawn in Open Court ______ Sustained ______ Overruled ______ Continued to ____________________________________ ______ Proposed Order to be Submitted by __________________ ______ Stipulation to be Submitted by _______________________ ______ Taken Under Advisement
DECISION SET OUT MORE FULLY BY COURT AS FOLLOWS: #19 DENIED. DEBTOR'S MOTION TO "EXTEND" THE STAY ARISES UNDER SECTION 362(c)(3)(A) and (B), WHICH REQUIRES THE MOTION BE FILED AND NOTICE AND HEARING TAKE PLACE "BEFORE THE EXPIRATION" OF 30 DAYS AFTER THE FILING OF THE CASE. HERE THE MOTION WAS FILED ON THE 30TH DAY, AND THUS IT WAS NOT POSSIBLE TO GIVE NOTICE AND HOLD A HEARING PARTICULARLY SINCE NO EMERGENCY MOTION WAS FILED. SECTION 362(c)(4)(B) RELIEF WAS NOT SOUGHT IN THE MOTION. THE ISSUE OF "GOOD FAITH" IS NOT DEALT WITH, AS THAT ONLY ARISES IF THE COURT HAS THE POWER TO GRANT THE MOTION, WHICH IT DOES NOT AFTER THE 30 DAY PERIOD. SO ORDERED: