IN RE WEEMS

THOMAS TUCKER, Bankruptcy Judge

This matter is before the Court on Debtor's "Motion To Extend The Automatic Stay," filed on September 28, 2006 (Docket # 6), seeking to continue the automatic stay under 11 U.S.C. § 362(c)(3)(B). Debtor filed a voluntary petition for relief under Chapter 13 on September 26, 2006, initiating this case. This is Debtor's third bankruptcy case. The first case (Case No. 05-63796) was filed on July 28, 2005 and was dismissed on June 5, 2006. The second case (Case No. 06-47738) was filed on June 16, 2006 and was dismissed on August 17, 2006.

Because Debtor had two bankruptcy cases which were pending and dismissed within one year of this case, the automatic stay did not go into effect upon the filing of this case. See 11 U.S.C. § 362(c)(4)(A)(I). There is no stay to extend under 11 U.S.C. § 362(c)(3). Debtor may, of course, file a timely motion to impose the stay under 11 U.S.C. § 362(c)(4). For these reasons, Debtor's motion must be denied. Accordingly,

IT IS ORDERED that Debtor's "Motion To Extend The Automatic Stay" (Docket # 6), is DENIED, without prejudice to the filing of a timely motion to impose the stay under 11 U.S.C. § 362(c)(4).