1:09-ap-01111•Ohayon v. Papera
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 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 Dismiss _________________ The original complaint in this matter was patently without merit. A breach of promise, no matter how intentional, does not result in a nondischargeable debt and an agreement not to file a bankruptcy petition or seek a bankruptcy discharge is not enforceable. Defendant’s motion to dismiss would have been granted had plaintiff not exercised his right to file an amended complaint. The court notes that the amended complaint seeks to deny the debtor a discharge. However, it was filed long after the discharge was entered and does not relate back. In re Magno, 216 B.R. 34 (9th Entered on Docket November 10, 2009 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 09-01111 Doc# 15 Filed: 11/10/09 Entered: 11/10/09 13:40:34 Page 1 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 Cir. BAP 1997). Plaintiff is warned that he is doing a very poor job of representing himself. The motion to dismiss will be dropped from the calendar as moot, without prejudice to a motion to dismiss the amended complaint. The court notes that pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure plaintiff must obtain a stipulation or leave of court before filing another amended complaint. [serve pro se plaintiff] Dated: November 10, 2009 SAlan Jaroslovsky U.S. Bankruptcy Judge Case: 09-01111 Doc# 15 Filed: 11/10/09 Entered: 11/10/09 13:40:34 Page 2 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: November 10, 2009 By : Katie Andersen Katie Andersen Deputy Clerk Michael Ohayon 369 Santa Ana Avenue San Francisco, CA 94127 Case: 09-01111 Doc# 15 Filed: 11/10/09 Entered: 11/10/09 13:40:34 Page 3 of 3
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