Schiewe v. Schiewe

SUMMARY ORDER - 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
In Re: 	)
)
RANDALL SCHIEWE, 	)
)
Debtor. 	)
) 	Case No. 04-00750-TLM
)
KYLIE SCHIEWE, 	)
) 	Adversary No. 04-06282-TLM
)
)
Plaintiff, 	) 	SUMMARY ORDER DENYING
vs. 	) 	MOTION TO DISMISS
)
RANDALL SCHIEWE, 	)
)
Defendant. 	)
)
In the above adversary proceeding, Plaintiff, Kylie Schiewe filed a complaint objecting
to entry of Defendant, Randall Schiewe’s discharge under § 727(a) and objecting to
dischargeability of debt under § 523(a). Doc. No. 1. Defendant answered the complaint. Doc.
No. 2. The cause has been set for trial on September 8, 2005. Doc. Nos. 8, 9.
On July 29, 2005, Plaintiff filed a “Motion to Dismiss Adversary Complaint.” Doc. No.
10 (“Motion”). A proposed order was simultaneously provided by Plaintiff and forwarded by
the clerk for the Court’s consideration. That order has today been rejected, and this Order
prepared and entered in its place. The Court determines the Motion shall be denied.
Case 04-06282-TLM Doc 11 Filed 08/03/05 Entered 08/03/05 10:50:29 Desc Main
Document Page 1 of 3

SUMMARY ORDER - 2
Plaintiff’s complaint seeks a denial of Defendant’s discharge under § 727(a). Local
Bankruptcy Rule 7001.1 establishes several requirements that must be met before dismissal of
such an adversary proceeding will be granted. This Local Bankruptcy Rule effectuates the
commands of Fed. R. Bankr. P. 7041, which controls motions to dismiss in adversary
proceedings. (In addition to incorporating Fed. R. Civ. P. 41, Bankruptcy Rule 7041 provides
that a complaint objecting to a debtor’s discharge may not be dismissed on plaintiff’s request
without notice to certain parties and entry of an appropriate order.)
Plaintiff’s Motion fails to comply with the requirements of either Fed. R. Bankr. P. 7041
or LBR 7001.1 and, thus, may not be granted.
For the reasons stated and upon the record herein, the Motion, Doc. No. 10, shall be and
hereby is DENIED. Such denial will be without prejudice to renewal of the Motion upon
compliance with the applicable rules.
DATED: August 3, 2005
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
Case 04-06282-TLM Doc 11 Filed 08/03/05 Entered 08/03/05 10:50:29 Desc Main
Document Page 2 of 3

SUMMARY ORDER - 3
CERTIFICATE RE: SERVICE
A “notice of entry” of this Decision, Order and/or Judgment has been
served on Registered Participants as reflected by the Notice of Electronic Filing.
A copy of the Decision, Order and/or Judgment has also been provided to non-
registered participants by first class mail addressed to:
Randall Schiewe
366 Kestrel St.
Eagle, ID 83616
Case No. 04-6282-TLM, (Schiewe v. Schiewe)
Dated: 8/3/05
/s/ Suzanne Hickok
Law Clerk to Chief Judge Myers
Case 04-06282-TLM Doc 11 Filed 08/03/05 Entered 08/03/05 10:50:29 Desc Main
Document Page 3 of 3