Robert Gene Farris and Candice Jean Valentine-Farris

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
ROBERT FARRIS and CANDICE
VALENTINE-FARRIS, 	No. 10-11066
Debtor(s).
______________________________________/
Memorandum on Motion to Vacate Discharge
_________________
On June 30, 2010, the U.S. Trustee and debtors’ counsel entered into a stipulation extending
the time for the U.S. Trustee to file a motion to dismiss or object to the discharge. There was no
motion for such relief pending at the time; the stipulation was entirely voluntary.
Due to and admitted mistake by the U.S. Trustee, the stipulation was not filed and an order on
the stipulation was not transmitted to the court until July 9, 2010. 	In the meantime, the deadline for
objecting to the discharge was July 6, 2010, and the debtors’ discharge was duly entered on July 7,
2010.
Rule 4004(c) of the Federal Rules of Bankruptcy Procedure requires the court to enter the
debtor’s discharge as soon as the time for objection has passed unless one of 12 exceptions applies.
Since the U.S. Trustee never filed any sort of motion for extension, none of the 12 exceptions was
applicable; the discharge was properly entered. Under such circumstances, the discharge may not be
Entered on Docket
July 23, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-11066 Doc# 28 Filed: 07/23/10 Entered: 07/23/10 17:21:11 Page 1 of 2

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vacated or set aside. In re Dombroff, 192 B.R. 615, 622 (S.D.N.Y. 1996)[“A stipulation is ineffective
to extend the time to file objections to discharge unless ‘so ordered’ by the court.”]. 	Retroactive relief
is not permitted by Rule 4004. Id. At 617.
For the foregoing reasons, the motion will be denied. Any party may submit an appropriate
form of order.
Dated: July 23, 2010
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 10-11066 Doc# 28 Filed: 07/23/10 Entered: 07/23/10 17:21:11 Page 2 of 2