IN RE LAROSA ADDIE CARRINGTON

This case is before the Court on a motion filed by Debtor entitled "Motion For . . . Automatic Stay to Take Effect" (Docket # 40, the "Motion"). The Court construes the Motion as a motion to extend the automatic stay, because Debtor had only one case that was pending within the preceding 1-year period before filing his current bankruptcy case that was dismissed (Case No. 10-75464). See 11 U.S.C. § 362(c)(3). As a § 362(c)(3) Motion, the Court must deny it, because it was filed too late to comply with the 30-day deadline of 11 U.S.C. § 362(c)(3)(B).

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, E.D. Mich. LBR 4001-5(a) requires that a motion to extend the stay be filed and served within 7 days after the bankruptcy petition is filed. LBR 4001-5(a) provides further: "When such a motion is filed, the court will schedule a hearing with a notice to all parties in interest. If the movant has not received a notice of hearing within 7 days after filing the motion, the movant may contact the judge's courtroom deputy clerk to obtain a hearing date within the time limit established by law."

Debtor filed a voluntary petition for relief under Chapter 7 on December 15, 2010, initiating this case. Debtor did not file her Motion until March 31, 2011, 72 days after the 30-day deadline had already passed. As it is now impossible to conclude a hearing on Debtor's Motion within the required 30-day period, the Motion must be denied.

Accordingly,

IT IS ORDERED that the Motion (Docket # 40), is denied.