Karen Veronica Jacobs

1:05-bk-01744Dcb23 mars 2006

Texte intégral

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
KAREN V. JACOBS,
Debtor.
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Case No. 05-01744
(Chapter 7)
ORDER DENYING MOTION TO RECONSIDER
REQUEST FOR HEARING TO BAR ENTRY OF DISCHARGE
On March 9, 2006, the court entered its Order Denying
Request for Hearing to Bar Entry of Discharge and Directing Clerk
of the Court to Enter Discharge (D.E. No. 23), in which the court
discussed at length why it could not grant the request of the
debtor’s landlord for a hearing to determine whether the debtor
should be denied a discharge under 11 U.S.C. § 727(a)(12) (D.E.
No. 19, filed February 10, 2006). 	The landlord now asks the
court to reconsider its prior order because, in the landlord’s
opinion, the debtor has violated 11 U.S.C. § 522(q)(1) by, among
other things, concealing the landlord’s mail, concealing income
derived from the debtor’s roommate, failing to forward security
deposits to the landlord, having “[c]haracter and law enforcement
issues,” and failing to explain to her landlord why she cannot
The order below is hereby signed.
Signed: March 23, 2006.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 05-01744 Doc 31 Filed 03/23/06 Entered 03/23/06 21:06:59 Desc Main
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pay her rent (D.E. No. 29, filed March 20, 2006).
As the court explained in its prior order, the debtor cannot
be denied a discharge under § 727(a)(12) because she has not
claimed state or local exemptions on her schedules. 	This result
remains the same no matter what the debtor has done to the
landlord or anyone else. 	There are other provisions in the
Bankruptcy Code that permit the denial of a debtor’s discharge in
general or with respect to specific debts, but the debtor’s
landlord has not invoked those provisions and the deadline for
enforcing such provisions has passed.
The court understands that the debtor’s landlord feels
wronged by the debtor, but there are many ways--both in this
court and outside it--that the landlord can seek redress for the
debtor’s wrongs. 	Section 727(a)(12) is not one of them. 	It is
therefore
ORDERED that the Motion to Reconsider Hearing to Bar Entry
of Discharge (D.E. No. 29) is DENIED.
[Signed and dated above.]
Copies to: Debtor; debtor’s counsel; chapter 7 trustee; Charles
J. Murphy, 14 O Street, NW, Washington, DC 20001
Case 05-01744 Doc 31 Filed 03/23/06 Entered 03/23/06 21:06:59 Desc Main
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