IN RE JOHNSON

THOMAS TUCKER, Bankruptcy Judge

This case is before the Court on Debtor's "Motion to Impose And Extend The Automatic Stay" (Docket # 22), and Debtor's "Ex Parte Motion For an Expedited Hearing Regarding Emergency Motion To Impose and Extend The Automatic Stay" (Docket # 24), each filed January 31, 2007. Debtor filed a voluntary petition for relief under Chapter 13 on December 8, 2006, initiating this case. Debtor filed two previous Chapter 13 cases: Case No. 06-52578, filed September 11, 2006 and dismissed on September 26, 2006; and Case No. 06-54251, filed October 6, 2006 and dismissed on November 13, 2006.

Under 11 U.S.C. § 362(c)(4)(A)(i):

if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under section 707(b), the stay under subsection (a) shall not go into effect upon the filing of the later case.

As 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, and there is no stay to extend under 11 U.S.C. § 362(c)(3). Therefore, to the extent Debtor's motion seeks to extend the automatic stay, it must be denied.

To the extent Debtor's motion seeks to impose the stay under 11 U.S.C. § 362(c)(4)(B), it must also be denied, because the statute requires that such a motion be filed within 30 days after Debtor's filing of this case. That deadline was January 8, 2007, and Debtor's motion was not filed until January 31, 2007.

Accordingly,

IT IS ORDERED that Debtor's "Motion to Impose And Extend The Automatic Stay," filed January 31, 2007 (Docket # 22), is DENIED.

IT IS FURTHER ORDERED that Debtor's "Ex Parte Motion For an Expedited Hearing Regarding Emergency Motion To Impose and Extend The Automatic Stay" (Docket # 24), is DENIED as moot.