Linda M Sheffey

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
Linda M Sheffey,
Debtor.
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Case No. 08-00254
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER RE MOTION
OF MICHAEL J. ASHBY TO COMPEL CREDITORS TO REPORT TO
CREDIT REPORTING AGENCIES THAT HE IS NOT THE OBLIGOR
WHOSE DEBT IS SECURED BY REAL PROPERTY OWNED BY THE DEBTOR
This addresses the Motion to Declare Michael J. Ashby Not
Responsible for Washington DC Property and Enjoining Further
Credit Reporting. Michael J. Ashby is a complete stranger to
this case except for the coincidence that his name bears a
resemblance to the name of Michaell Ashby (note the unusual
spelling of the first name) whose debts to two creditors are
secured by certain District of Columbia real property owned by
the debtor. He complains that two creditors in this case have
made reports to credit reporting agencies treating him as though
he is Michaell Ashby, and listing Michaell Ashby's debt as a debt
The document below is hereby signed.
Signed: July 22, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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Although a lift-stay motion filed by one creditor listed	1
Michaell Ashby as a co-debtor and as having the same address as
Michael J. Ashby, that error did not treat Michael J. Ashby as
the co-debtor, and, in denying his motion to postpone the hearing
on that lift-stay motion, I made clear that Michael J. Ashby was
not listed as a co-debtor of the debtor. In any event, it is the
reporting to credit reporting agencies that Michael J. Ashby's
motion addresses, not the error of Michaell Ashby being treated
in the lift-stay motion as having the same address as Michael J.
Ashby.
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owed by him (Michael J. Ashby). He "requests as relief that all
parties to this action and their counsel shall acknowledge that
movant Michael Jermaine Ashby is not the person who signed any
loan or mortgage documents related to the D.C. Property,
including but not limited to providing or reporting any credit
information or data to any credit reporting agency (CRA) as
defined by the Fair Credit reporting Act, 15 U.S.C. § 1681, et
seq." For jurisdiction to exist in this court, the proceeding
must arise under the Bankruptcy Code, arise in the bankruptcy
case, or be related to the bankruptcy case. 28 U.S.C. § 1334(b).
The motion does not assert a right arising under the Bankruptcy
Code. Nor would it have an impact on the administration of the
estate, so there is no “related to” jurisdiction. Nor does the
matter arise "in the case" as it does not address one of “those
‘administrative’ matters that arise only in bankruptcy cases . .
. [and] that . . . would have no existence outside of the
bankruptcy . . . .” Wood v. Wood (In re Wood), 825 F.2d 90, 97
(5th Cir. 1987) (emphasis in original). Accordingly, although I	1
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3	O:\TEEL\Race\Memo-Order - Sheffey.wpd
am quite sympathetic to Michael J. Ashby's plight, the court
lacks subject matter jurisdiction over the motion. See Torres v.
Chase Bank USA, N.A. (In re Torres), 367 B.R. 478 (Bankr.
S.D.N.Y. 2007). It is thus
ORDERED that the Motion is DISMISSED.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee;
attorney for movant Michael J. Ashby.
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