George R. Mitchell and Denise Renee Mitchell

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 1The court is scratching its head over the debtors’ reliance on § 526 of the Code, and assumes
they mean § 524.
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
GEORGE and DENISE MITCHELL, No. 05-12556
Debtor(s).
______________________________________/
Memorandum on Motion to Enjoin 2004 Examination
_________________
The debtors may be right in their assertion that a stipulation to extend the time to object to
discharge not filed before entry of the discharge and with no motion pending is ineffective and they are
entitled to keep their discharge. See In re Neese, 87 B.R. 609 (9th Cir. BAP 1988), and cases therein
cited. However, there is no support for their assertion that the discharge prohibits a 2004 examination.1
Such examinations may be requested for many purposes, including administration of the estate and
investigation as to whether a discharge should be revoked. The debtors’ duties under § 521 of the
Bankruptcy Code do not end with the discharge.
Moreover, injunctive relief can be had only by adversary proceeding, not motion, pursuant to
FRBP 7001(7). For these reasons, the motion for an injunction against the U.S. Trustee will be denied,
without prejudice to an adversary proceeding. Counsel for the U.S. Trustee shall submit an appropriate
form of order.
Dated: January 31, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
January 31, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-12556 Doc# 21 Filed: 01/31/06 Entered: 01/31/06 10:40:09 Page 1 of 1