Case No. A05-02248-DMD.United States Bankruptcy Court, D. Alaska.
December 8, 2005
ORDER SHORTENING TIME, REQUIRING NOTICE, AND SETTING HEARING ON DEBTORS’ EX PARTE MOTION FOR ORDER THAT FILING WAS IN GOOD FAITH
DONALD MacDONALD, Bankruptcy Judge
On December 8, 2005, the debtors filed an ex parte motion for an order that their bankruptcy filing was in good faith and that the stay shall remain in effect. This motion is filed in accordance with 11 U.S.C. § 362(c)(3),[1] one of the new provisions of the
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Bankruptcy Code enacted as part of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”).[2] A hearing on the debtors’ motion must be held within 30 days of the date their petition was filed. Moreover, notice of the debtors’ motion must be given to each creditor that is to be affected by the extension of the stay.[3] Here, since the debtors are attempting to reorganize under chapter 13, it appears that they wish to have the stay extended as to all their creditors so that they will have time to implement their plan. The court will shorten time on the debtors’ motion so that notice can be given, and a hearing held, before the 30-day period found in § 362(c)(3)(B). Therefore,
IT IS ORDERED:
1) Notice on the debtors’ ex parte motion for order that filing was in good faith and stay shall remain in effect, filed on December 8, 2005, is shortened to 10 days.
2) A hearing on the debtors’ motion will be held on MONDAY,DECEMBER 19, 2005, AT THE HOUR OF 1:45 P.M., in the Historic Courtroom, Old Federal Building, 605 West 4th Avenue, Anchorage, Alaska.
3) The debtors must give notice of their motion and of the hearing set on this motion, by no later than December 9, 2005.
The debtors must also give notice that any objections to their motion must be filed at or before the hearing. Notice must be given to all creditors to be affected by the debtors’ proposed extension of the stay.
(3) if a single or joint case is filed by or against debtor [sic] who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)
(A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;
(B) on the motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the court may extend the stay in particular cases as to any or all creditors (subject to such conditions or limitations as the court may then impose) after notice and a hearing completed before the expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is on good faith as to the creditors to be stayed;
. . . .
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