Opinion
NOT FOR PUBLICATION
ORDER DENYING DEBTOR'S EX PARTE MOTION TO VACATE ORDER DISMISSING CASE AND MOTION TO EXTEND THE STAY
James W. Meyers, Judge United States Bankruptcy Court
The Debtor filed a Chapter 7 petition to initiate this case on August 7, 2009. She did not submit the required filing fee or the Certificate of Credit Counseling with the petition. Instead, the Debtor filed motions to waive the filing fee and for an extension of time to file the certificate of credit counseling. The Court denied both motions and dismissed the case.
Debtor then filed an Ex Parte Motion to Vacate the Order Dismissing the Case, and a Motion to Extend the Automatic Stay under § 362(c)(3)(B). The court records disclose that this is the third bankruptcy petition the Debtor has filed in the past 12 months. The Debtor filed case number 08-08957-M13 on September 15, 2008, and the case was dismissed on October 24, 2008. The Debtor then filed case number 08-11962-M7 on November 25, 2008. That case was dismissed on January 21, 2009, after the Debtor failed to appear at the § 341(a) meeting of creditors. The Debtor requested a waiver of the filing fee in each case, and it appears she has not paid a filing fee for any of the three cases.
The Court will not grant either of the recent motions filed by the Debtor. She has not established any exigent circumstance to waive the requirement of receiving credit counseling within 180 days before filing the petition. She has not paid any filing fees. There is no automatic stay to extend. The automatic stay did not go into effect upon the filing of this petition because the Debtor filed two cases which were dismissed within the previous year. 11 U.S.C. § 362(c)(4)(A)(i). Finally, the Debtor is attempting to bring claims against a secured lender for violations of truth in lending and foreclosure laws, and to obtain a modification on a loan that has already been through state foreclosure proceedings. This is not the appropriate forum to pursue her claims.
Therefore, IT IS ORDERED that:
1) The Debtor's Ex Parte Motion to Vacate Dismissal of this case and reschedule the § 341(a) meeting of creditors is DENIED;
2) The Debtor's Motion to Extend the Automatic Stay is DENIED.