IN RE FUNBURG

On the 7th day of October, 2010, the Debtors' Motion for Continuance of the Automatic Stay pursuant to 11 U.S.C. § 362(c)(3)(B) (Docket Entry 13) came on for evidentiary hearing before this Court. Appearances were entered by Thomas M. Wright, attorney for Debtors, and Richard Walden, Attorney for William Mark Bonney, Chapter 13 Trustee.

Debtors submitted an offer of proof that if they were called to testify, their testimony would be as follows:

1. The hearing is being held within thirty (30) days of this case being filed; 2. The Debtors' previous case was not dismissed for failure to amend a document, failure to provide adequate protection, or failure to comply with the terms of a confirmed plan; 3. No creditors moved to lift the automatic stay in their previous case; and 4. There was a substantial change in circumstances between the events of the previous case and the filing of this case. Four months after the previous plan was confirmed the mortgage holder filed a proof of claim that increased Debtors' mortgage payment retroactively by $250 per month, resulting in an increase of their plan payment to an amount that they were not able to afford. The full amount of the refund of funds paid into the previous case has been contributed to this new case, allowing Debtors to propose and confirm a plan with payments that they can afford. After reviewing the record and receiving the Offer of Proof, this Court finds: 1. Proper notice of this Motion and Notice of Hearing was given to creditors, and no objections have been filed in opposition to the relief requested. 2. The Court accepts the Offer of Proof and the facts stated therein as true. 3. Debtors previously filed a Chapter 13 bankruptcy in this Court, Case No. 10-80110, which was dismissed on September 3, 2010, on Motion of the Debtors. 4. Debtors filed this case on September 17, 2010. 5. Based upon the Offer of Proof, the issues surrounding the modification of the mortgage holder's claim together with Debtors' contribution of the refund from the previous case to this case establish that Debtors filed this case in good faith as to all of their creditors. 6. Cause exists under 11 U.S.C. § 362(c)(3)(B) and (C) to continue the stay in this case as to all creditors. IT IS THEREFORE ORDERED that Debtors' Motion for Continuance of the Automatic Stay pursuant to 11 U.S.C. § 362(c)(3)(B) (Docket Entry 13) is hereby granted, and the Automatic Stay is hereby extended as to all creditors until the close of this case or further order of this Court.

The following is ORDERED:

District/Off: 1086-7 User: cheryl Date Created: 10/15/2010 Case: 10-81658 Form ID: pdfmtrx Total: 34 Recipients of Notice of Electronic Filing: ust Office of the US Trustee USTPRegion20.TU.ECF@usdoj.gov tr William Mark Bonney ecf@edok13.com aty Thomas Wright tom@wsfw-ok.com TOTAL: 3 Recipients — SUBMITTED — to the BNC (Bankruptcy Noticing Center) for mailing: db Douglas W Funburg Rt 1 Box 387 Stilwell, OK 74960 jdb Kelly A. Funburg Rt 1 Box 387 Stilwell, OK 74960 1442733 Abercrombie Fitch PO Box 182548 Columbus, OH 43218 1447774 Ally Financial Inc. f/k/a GMAC Inc. PO BOX 130424 Roseville, MN 55113-0004 1442734 American Eagle PO Box 981400 El Paso, TX 79998 1444538 American Infosource Lp As Agent for Wfnnb Assignee/ Abercrombie Fitch PO Box 248872 Oklahoma City, OK 73124-8872 1444537 American Infosource Lp As Agent for Wfnnb Assignee/ Buckle PO Box 248872 Oklahoma City, OK 73124-8872 1442735 Arvest Bank PO Box 1729 Lowell, AR 72745-1726 1442736 Bank of America PO Box 15726 Wilmington, DE 19886-5726 1442737 Bass Pro/GEMB PO Box 981439 El Paso, TX 79998 1442738 Capital One PO Box 71083 Charlotte, NC 28272-1083 1442739 Chase/Bank One 800 Brooksedge Blvd Westerville, OH 43081 1442740 Dell Financial 1 Dell Way PS2DF-2 Round Rock, TX 1446759 Dell Financial Services L.L.C. c/o Resurgent Capital Services PO Box 10390 Greenville, SC 29603-0390 1442741 GEMB/Banana Republic PO Box 981400 El Paso, TX 79998 1442742 GMAC PO Box 78367 Phoenix, AZ 85062 1442744 HSBC/Best Buy PO Box 553 Carol Stream, IL 60197 1442743 Honda 3625 W. Royal Lane, Suite 100 Irving, TX 75063 1442745 IRS Department of Treasury Internal Revenue Service Memphis, TN 38101-0249 1446774 Internal Revenue Service POB 21125 Philedelphia PA 19114 1442760 Internal Revenue Service POB 21126 Philadelphia PA 19114 1442746 Lowe's PO Box 530914 Atlanta, GA 30353-0914 1442747 Means Furniture Rt 2 Box 340 Stilwell, OK 74960 1442748 Midwestern Loan PO Box 6429 Greenville, SC 29606 1442749 Oklahoma Tax Commission Bankrutpcy Section General Counsel's Office 120 North Robinson, Suite 2000 Oklahoma City, OK 73102-7471 1447766 PRA Receivables Management, LLC As Agent Of Portfolio Recovery Assocs. PO Box 12914 Norfolk VA 23541 1442750 The Bank of New York Mellon c/o BAC Home Loan Servicing 7105 Corporate Drive Plano, TX 75024 1442751 Toyota Motor Credit 5005 N. River Blvd Cedar Rapids, IA 52411 1442752 Tractor Supply/CBSD PO Box 6497 Sioux Falls, SD 57117 1442753 WFN/Buckle PO Box 182273 Columbus, OH 43218 1442754 World's Foremost Bank PO Box 82609 Lincoln, NE 68501 TOTAL: 31