Case No. 06-52965.United States Bankruptcy Court, E.D. Michigan, Southern Division.
October 6, 2006
ORDER DENYING DEBTOR’S MOTION TO EXTEND THE AUTOMATIC STAY
THOMAS TUCKER, Bankruptcy Judge
This matter is before the Court on Debtor’s motion to extend the automatic stay, filed on September 17, 2006 (Docket # 9), seeking to continue the automatic stay under 11 U.S.C. § 362(c)(3)(B). The Court held a hearing on this motion on October 5, 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, and for the reasons stated during the hearing, Debtor’s motion must be denied. Accordingly,
IT IS ORDERED that Debtor’s motion to extend the automatic stay, filed on September 17, 2006 (Docket # 9), is DENIED, without prejudice to the filing of a timely motion to impose the stay under 11 U.S.C. § 362(c)(4).