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In re Flynn

United States Bankruptcy Appellate Panel of the First Circuit

February 26, 2018

In re KARIN ELIZABETH FLYNN, Debtor. KARIN E. FLYNN, Appellant.

         Appeal from the United States Bankruptcy Court for the District of Massachusetts (Hon. Melvin S. Hoffman, U.S. Bankruptcy Judge)

          Karin E. Flynn, Pro se, on brief for Appellant.

          Before Lamoutte, Cabán, and Finkle, United States Bankruptcy Appellate Panel Judges.

          PER CURIAM

         Karin 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 § 362(c)(3)(A).[1]We AFFIRM.

         BACKGROUND

         In 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.

         On June 14, 2017, the Debtor filed another chapter 13 petition, again pro se.[2] 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 § 362(c)(3)(A).[3]

         A few 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.

         On 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.

         The 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 ...

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