IN MATTER OF HUNTER (Bankr.E.D.Mich. 7-11-2008)


IN THE MATTER OF: MICHAEL C. HUNTER, CHAPTER: 13, Debtors.

CASE NO: 05-62183.United States Bankruptcy Court, E.D. Michigan, Southern Division — Detroit.
July 11, 2008

ORDER DENYING DOCKET # 68: DEBTOR’S MOTION FOR EXPEDITED HEARING ON DEBTOR’S PROPOSED PLAN MODIFICATION #3
THOMAS TUCKER, Bankruptcy Judge

This case is before the Court on Debtors’ Ex-Parte Motion to Shorten Time for Hearing on Proposed Plan Modification #3 (Docket # 68, the “Expedited Hearing Motion”), filed July 11, 2008. The Court concludes that Debtor has not demonstrated good cause for an expedited hearing.

Debtor seeks an expedited hearing on a plan modification, in order to obtain expedited relief from an order entered on June 16, 2008 granting relief from stay. That order was entered after Debtor failed to file a timely response to the stay relief motion, which was filed May 23, 2008, and after a Certificate of No Response was filed. If Debtor wishes to seek relief from the stay-relief order, the proper method is to file a properly supported motion for reconsideration or motion for relief from that order under Fed.R.Civ.P. 60(b) and Fed.R.Bankr.P. 9024, and then move for an expedited hearing on that motion. (The Court expresses no view on the possible merits of either such unfiled motion at this time.) Accordingly,

IT IS ORDERED that Debtors’ Expedited Hearing Motion (Docket # 68) is denied.