[CLBS] Stay Issues

[Brian Tucker]

Has anyone dealt with terminations of the stay under §362(c)(3) when the debtor has filed a preceding case that was dismissed within a year?  §362(c)(3)(A) states the stay terminates on the 30th day after filing.  I would like to get an order confirming the stay terminated and wondered how others have handled the issue.  If the debtor has had 2 prior cases dismissed within a year then §362(c)(4) states no stay goes into effect and goes on to specifically authorize the court to enter an order confirming that no stay is in effect.  No similar provision exists under §362(c)(3).  Has anyone had luck obtaining a similar order under §362(c)(3)?

I suppose a motion could be filed with negative notice so an order could be issued if there was no objection but was hoping to obtain the order sooner without having to wait out a negative notice period.

Any thoughts?

Brian T. Tucker
Nelson Hall Parry Tucker, PLLC
490 Memorial Drive
P.O. Box 51630
Idaho Falls, ID 83405-1630
Phone: (208) 522-3001
Fax: (208) 523-7254
E-mail: bttucker at nhptlaw.net
www.nhptlaw.com