Madan Mohan Singh Ahluwalia and Manka Ahluwalia

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UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
MADAN AHLUWALIA,
Debtor.
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Case No. 09-31874
Chapter 7
MEMORANDUM RE DEBTOR’S MOTION TO REOPEN AND CHARLES OLIVER’S
COUNTERMOTION FOR RULE 9011 SANCTIONS
Upon due consideration, and for the reasons stated below:
(1) Debtor’s motion to reopen his case for the purpose of
discharging a postpetition claim is denied with prejudice; and (2)
Charles Oliver’s motion for Rule 9011 sanctions is denied without
prejudice.
FACTS
On July 6, 2009, Debtor filed the above-captioned, no-asset
bankruptcy case. 	On December 3, 2009, the court entered Debtor’s
discharge pursuant to 11 U.S.C. § 727(a). 	On June 21, 2010, the
bankruptcy case was closed.
On March 25, 2011, Debtor filed a motion to reopen his
bankruptcy case to schedule a debt arising out of a contract dated
MEMO RE DEBTOR’S MTN TO REOPEN
AND COUNTERMOTION FOR SANCTIONS
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Signed and Filed: June 24, 2011
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
June 27, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-31874 Doc# 67 Filed: 06/24/11 Entered: 06/27/11 11:26:46 Page 1 of 3

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April 2, 2010, under which Charles H. Oliver, Jr., a real estate
broker, agreed to provide Debtor, an attorney, expert witnesses
services.
On April 6, 2011, Mr. Oliver filed an opposition to the motion
to reopen, arguing that the claim is a postpetition claim that is
not subject to the section 727(a) discharge, and that Debtor should
be sanctioned under Rule 9011(c) for filing an allegedly frivolous
motion.
LAW
1. 	Motion to Reopen
A bankruptcy case may be reopened to administer assets, to
accord relief to the debtor, or for other cause. 	11 U.S.C. §
350(b).
The motion to reopen is denied with prejudice, because the
motion seeks to reopen the case to discharge a postpetition debt,
and because a discharge in bankruptcy applies only to prepetition
debts. 	11 U.S.C. § 727(b).
2. 	Motion for Rule 9011 sanctions
A motion for sanctions under Rule 9011(c) “shall be made
separately from other motions or requests . . .” 	Fed. R. Bankr.
Proc. 9011(c)(1). 	In addition, a motion for sanctions “may not be
filed with or presented to the court unless, within 21 days after
service of the motion, . . . the challenged paper is not withdrawn
. . . .”
Mr. Oliver’s motion for sanctions is denied without prejudice,
because it was not filed as a separate motion, and because it was
filed prior to giving Debtor sufficient time to withdraw the
motion.
**END OF MEMORANDUM**
MEMO RE DEBTOR’S MTN TO REOPEN
AND COUNTERMOTION FOR SANCTIONS
-2-
Case: 09-31874 Doc# 67 Filed: 06/24/11 Entered: 06/27/11 11:26:46 Page 2 of 3

COURT SERVICE LIST
Madan Mohan Singh Ahluwalia
406 Morning Lane
Redwood City, CA 94065
Charles H. Oliver, Jr.
11400 Sun Valley Drive
Oakland, CA 94605
Case: 09-31874 Doc# 67 Filed: 06/24/11 Entered: 06/27/11 11:26:46 Page 3 of 3