United States Bankruptcy Appellate Panel of the First Circuit
In re KARIN ELIZABETH FLYNN, Debtor. KARIN E. FLYNN, Appellant.
from the United States Bankruptcy Court for the District of
Massachusetts (Hon. Melvin S. Hoffman, U.S. Bankruptcy Judge)
E. Flynn, Pro se, on brief for Appellant.
Lamoutte, Cabán, and Finkle, United States Bankruptcy
Appellate Panel Judges.
Flynn ("Debtor") appeals pro se from the bankruptcy
court's order denying her motion to "reinstate"
the automatic stay that had terminated by operation of §
March 2017, the Debtor filed a chapter 13 petition pro se.
Thereafter, the bankruptcy court granted the Debtor's
motion to voluntarily dismiss the case, and the case was
dismissed on April 12, 2017.
14, 2017, the Debtor filed another chapter 13 petition, again
pro se. Neither the Debtor nor any other party in
interest moved for an order extending the automatic stay
under § 362(c)(3)(B) within 30 days following the
bankruptcy filing. As a result, the automatic stay terminated
on July 14, 2017, as provided by §
weeks later the Debtor filed a motion entitled "Motion
to Stay" (the "Motion"), in which she stated:
"I learned today that the automatic stay provided by
[the] bankruptcy court may not be in effect, once I completed
my [§] 341 meeting, I made a mistake. I would [ ]
respectfully request to reinstate my automatic stay."
She cited no legal authority for the requested relief.
August 3, 2017, the bankruptcy court entered an order (the
"Order") denying the Motion, which provided:
Denied. Bankruptcy Code [§] 362(c) requires that any
request to extend or impose the automatic stay must be made
within 30 days of case commencement. This motion was filed
well after that deadline.
Debtor timely appealed. In her appellate brief, the Debtor
points to no error, only stating:
I, Karin E. Flynn filed for Bankrup[t]cy in June, 2017. I
understood the "automatic stay may be limited[.]"
However, I understood it was still in [e]ffect as I was not
notified of an expiration date from the Court. I learned the
Automatic Stay had expired during my meeting with the Trustee
on August 1, 2017. I responded to the Court and immediately
took action, I filed a Motion to Extend my Stay on this same
day, August 1, 2017.
The purpose of filing Bankrup[t]cy in June, 2017 was to
obtain a Stay and to stop a scheduled auction of my home and
to protect my home while in bankruptcy court. I needed to
regain my protection that I was entitled to.
I have acted in good faith, to learn the rules and abide by
them, I was unaware of the procedural time expiration date, I
did what I thought was appropriate and acted ...