IN RE BALL

DWIGHT WILLIAMS JR., Bankruptcy Judge

The debtors filed a motion to extend the automatic stay under § 362(c)(3). Under that section of the Bankruptcy Code, the stay terminates 30 days following the petition for relief if the debtor had a prior case dismissed with the preceding year.

The matter came on for hearing on November 29, 2006.

In this case the debtors' prior case was not dismissed. Rather, the debtors completed their plan, and a discharge order entered. It follows that because no case has been dismissed within the preceding year, the provisions of § 362(c)(3) do not apply. Accordingly, it is

Upon consideration of the motion of the creditor, for relief from the stay imposed by 11 U.S.C. § 362(a), the court concludes that the motion should be GRANTED CONDITIONALLY. Accordingly, it is

ORDERED that the motion is DISMISSED, however the automatic stay of 11 U.S.C. § 362 continues in effect.