- 11 U.S.C.
In re Moreno
Nov
20
2007
Ruling
Ex-parte motion for extension of stay until hearing scheduled for four days after expiration denied as notice to creditors was mandatory.
Procedural posture
Debtor's bankruptcy was filed on October 25, which was within one year after a prior chapter 13 case had been dismissed for failure to make plan payments. Debtor's motion to extend the stay was scheduled for November 28, which was four days after the expiration of the stay. He then filed an ex parte application to extend the automatic stay until the date of the hearing pursuant to 11 U.S.C. § 105 and Federal Rule of Bankruptcy Procedure 9006(b).
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Court
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