James Earl Burnette and Maxine Nixon Burnette

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
IN RE:
JAMES EARL BURNETTE and
MAXINE NIXON BURNETTE,
Debtors. 	Case No. 09-00699-8-JRL
Chapter 13
____________________________________________________________________________
ORDER
Before the court is the debtors’ motion to extend the automatic stay. The debtors filed a
petition for relief under Chapter 13 of the Bankruptcy Code on January 30, 2009. The debtors
filed a previous Chapter 13 case that was dismissed by this court on December 5, 2008 for
failure to make plan payments. On February 28, 2009, the debtors filed a motion to extend the
automatic stay. No responses to the debtors’ motion were filed.
Because the debtors had a previous case pending within one year prior to filing this case,
the debtors are subject to 11 U.S.C. § 362(c)(3)(A), which states that the automatic stay will
terminate 30 days after filing. However, 11 U.S.C. § 362(c)(3)(B) allows for an extension of the
stay beyond the 30-day period if the following four requirements are met: “(1) a motion is filed;
(2) there is notice and a hearing; (3) the notice and hearing are completed before the expiration
of the original 30-day period; and (4) the debtor proves that the filing of the new case ‘is in good
SO ORDERED.
SIGNED this 23 day of March, 2009.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
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faith as to the creditors to be stayed.’ ” In re Havner, 336 B.R. 98, 102 (Bankr. M.D.N.C. 2006).
In the case at bar, the debtors filed a motion to extend the automatic stay and notice was given to
creditors. However, the debtors filed their motion just two days before the end of the 30-day
period and the deadline expired without a hearing. As a result, the debtors cannot satisfy 11
U.S.C. § 362(c)(3)(B) and are not entitled to an extension of the automatic stay.
Based on the foregoing, the debtors’ motion to extend the automatic stay is DENIED.
“END OF DOCUMENT”
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