Case No. 09-65675.United States Bankruptcy Court, E.D. Michigan, Southern Division.
August 25, 2009
ORDER DENYING DEBTOR’S MOTION TO EXTEND THE AUTOMATIC STAY
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on Debtor’s “Motion to Order the Extension of the Automatic Stay as to all Creditors,” filed August 22, 2009 (Docket # 12, the “Motion”), which seeks an extension of “the Automatic Stay under 11 U.S.C. [§] 362(c)(3)(B).” The Court must deny the Motion, for the reasons stated below.
Debtor filed a voluntary petition for relief under Chapter 13 on August 19, 2009, initiating this case. Debtor previously filed two cases, which were pending within the previous year but were dismissed: Case No. 08-53804, dismissed on August 21, 2008; and Case No. 08-63204, dismissed on June 5, 2009. Therefore, under 11 U.S.C. § 362(c)(4)(A)(i), no stay went into effect upon the filing of this case, and there is no automatic stay to extend. Accordingly,
IT IS ORDERED that the Motion (Docket # 12), is DENIED, without prejudice to Debtor’s right to file a timely motion to impose the stay under 11 U.S.C. § 362(c)(4)(B).