Christine Elizabeth Olivas

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
CHRISTINE ELIZABETH OLIVAS, No. 07-10319
Debtor(s).
______________________________________/
Memorandum on Motion to Extend Stay
_________________
The court agrees with In re Whitaker, 341 B.R. 336 (Bkrtcy.S.D.Ga.2006), that under §
362(c)(3)(B) of the Bankruptcy Code the court cannot extend the automatic stay for a repeat filer after it has
expired. The court also agrees that in an appropriate case § 105(a) of the Code may be invoked to give the
debtor relief which replaces, at least in part, the protection lost when the automatic stay expired. However,
the court does not agree that such relief can be granted by motion; FRBP 7001(7) requires an adversary
proceeding for such equitable relief.
The debtor’s motion to extend the automatic stay will accordingly be denied, without prejudice to an
adversary proceeding. Any party may submit an appropriate form of order.
Dated: April 26, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
April 26, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-10319 Doc# 24 Filed: 04/26/07 Entered: 04/26/07 13:13:01 Page 1 of 1