Thomas J. Tucker
Chapter 13
Judge Thomas J. Tucker
ORDER DENYING DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY
This case is before the Court on a motion filed on December 3, 2013 by Debtor, entitled "Debtor's Motion to Extend the Automatic Stay Under 11 U.S.C. [§] 362(c)(3)(B)" (Docket # 25, the "Motion"). The Court must deny the Motion, because it was not timely filed, and was filed too late to enable the Court to comply with the 30-day hearing 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 automatic 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, L.B.R. 4001-5(a) (E.D. Mich.) requires that a motion to extend the stay be filed and served within 7 days after the bankruptcy petition is filed. L.B.R. 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 her voluntary petition for relief under Chapter 13 in this case on November 4, 2013. Debtor did not file her Motion until December 3, 2013, which was three weeks and one day after the deadline to file such a motion expired under L.B.R. 4001-5(a), and only one day before the 30-day hearing deadline expired on December 4, 2013. Because it is now impossible to schedule and conclude a hearing on Debtors' Motion within the required 30-day period, and give adequate notice of that hearing to creditors, the Motion must be denied.
Debtor filed a motion on November 27, 2013 (Docket # 18), entitled "Debtor's Motion for Reinstatement of the Automatic Stay under 11 U.S.C. § 362(c)(4)(B)." That motion was stricken, by order filed November 27, 2013 (Docket # 21). Even if that motion had not been stricken, and even if that motion could be construed as a motion to extend the automatic stay, it was also not timely filed, and also was not filed in time to permit the Court to notice a hearing for December 4, 2013 or earlier, with adequate notice to creditors.
Accordingly,
IT IS ORDERED that the Motion (Docket # 25), is denied.
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Thomas J. Tucker
United States Bankruptcy Judge