Ohayon v. Papera

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
DAVID ROBERT PAPERA, 	No. 09-11651
Debtor(s).
______________________________________/
MICHAEL OHAYON,
Plaintiff(s),
v. 	A.P. No. 09-1111
DAVID ROBERT PAPERA,
Defendant(s).
_______________________________________/
Memorandum on Motion to Stay Proceedings
_________________
Plaintiff and defendant are both defendants in pending criminal proceedings. Defendant has
moved the court to stay this adversary proceeding until the criminal proceedings are concluded. For
reasons not clear to the court, plaintiff opposes.
Prior to the enactment of the Bankruptcy Code, debtors who invoked their Fifth Amendment
rights against self-incrimination risked the loss of their discharge. The law was changed in 1978, with
Entered on Docket
August 26, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-01111 Doc# 62 Filed: 08/26/10 Entered: 08/26/10 11:34:29 Page 1 of 3

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the inclusion of § 344 into the Code. That section gives the court the power to grant immunity in
return for testimony.
The court has no interest in granting anyone immunity. Prosecution of this adversary
proceeding is pointless until the criminal case is over. Accordingly, the motion will be granted and all
activity in this adversary proceeding will be stayed until July 25, 2011, at 2:00 P.M. A status
conference will be held at that time to determine if the matter should be restored to active status.
Counsel for defendant shall submit an appropriate form of order. Both sides are warned that
any further pleadings which do not have a proper adversary proceeding caption in the form set forth
above will be stricken.
Dated: August 26, 2010
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 09-01111 Doc# 62 Filed: 08/26/10 Entered: 08/26/10 11:34:29 Page 2 of 3

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CERTIFICATE OF MAILING
I, the undersigned, a regularly appointed deputy clerk of the United States Bankruptcy Court for the
Northern District of California, at Santa Rosa, hereby certify:
That I, in the performance of my duties as such clerk, served a copy of the foregoing document by
depositing it in the regular United States mail at Santa Rosa, California on the date shown below, in a
sealed envelope bearing the lawful frank of the Bankruptcy Judge, addressed as listed below.
Dated: August 26, 2010 	By : 	Katie Andersen
Katie Andersen
Deputy Clerk
Michael Ohayon
369 Santa Ana Avenue
San Francisco, CA 94127
Case: 09-01111 Doc# 62 Filed: 08/26/10 Entered: 08/26/10 11:34:29 Page 3 of 3