Patricia Alice McColm

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1 Although the caption on the order contained the correct
adversary proceeding number, it incorrectly identified Debtor’s
main case number as 03-31332 instead of 00-31332. 	This
typographical error is of no substantive significance and was thus
harmless.
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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	) Bankruptcy Case
) No. 00-31332DM
PATRICIA McCOLM, 	)
)
Debtor. 	) Chapter 7
___________________________________)
LINDA EKSTROM STANLEY, 	) Adversary Proceeding
) No. 01-3005DM
Plaintiff, )
)
v. 	)
)
PATRICIA McCOLM, 	)
)
Defendant. )
___________________________________)
MEMORANDUM DECISION RE DENIAL OF DISCHARGE
On August 9, 2006, this court entered an order to show cause
why judgment should not be entered in this adversary proceeding, 1
directing Patricia Alice McColm (“Debtor”) to file and serve any
opposition to entry of judgment no later than August 30, 2006.
Debtor filed an untimely opposition on August 31, 2006.
Notwithstanding the tardiness of Debtor’s opposition, the court
has considered the merits of the opposition and concludes that
Signed and Filed: September 01, 2006
________________________________________
DENNIS MONTALI
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
September 05, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 00-31332 Doc# 310 Filed: 09/01/06 Entered: 09/05/06 08:29:46 Page 1 of
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2 Incidentally, Debtor has known about this case since at
least April, 2001, when she prematurely filed a notice of appeal
of the clerk’s entry of default, yet she has not filed any answer
or motion to strike the complaint, even after the appeal was
dismissed as interlocutory and the matter remanded to this court
on June 23, 2005.
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Debtor has offered no sustainable legal or factual defense against
entry of judgment.
First, despite Debtor’s contentions to the contrary, the
complaint of the plaintiff was timely filed. 	See Fed. R. Bankr.
P. 1019(2) and 4004(a). 	Debtor simply ignores Rule 1019(2), which
sets a new deadline for filing objections to discharge upon
conversion of a case to Chapter 7. 	Debtor also asserts that Rule
4004(a) required service of the complaint on all creditors.
Debtor is incorrect; Rule 4004 requires that notice of the
deadline for filing complaints, and not the complaint itself, be
served on all creditors.
Debtor also contends that the plaintiff did not serve the
complaint on her. 	The record reflects, however, that the
complaint was attached to the summons which was served on Debtor
on her then address of record on January 11, 2001. 	See Exhibit A
to the Declaration of Stephen L. Johnson in Support of Request For
Clerk’s Default, filed on February 12, 2001. 2
Debtor argues that entry of judgment is inappropriate because
this court purportedly erred in converting her case and in denying
certain exemptions. 	These rulings have no relevance, legally or
factually, to the merits of this adversary proceeding. 	Moreover,
they are the subject of separate final orders which were appealed
by Debtor.
Finally, Debtor argues that this court should not enter the
Case: 00-31332 Doc# 310 Filed: 09/01/06 Entered: 09/05/06 08:29:46 Page 2 of
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judgment because it should recuse itself from all matters
pertaining to her. 	For the reasons previously stated in response
to this argument made on repeated occasions by Debtor, no grounds
exist for recusal.
The record reflects that Debtor filed her current bankruptcy
case (Case No. 00-31332) less than six years after filing a prior
case (Case No. 98-34290) in which she received a discharge.
Accordingly, as a matter of law and fact, Debtor is not entitled
to a discharge in her current case pursuant to 11 U.S.C.
§ 727(a)(8). 	Therefore, this court will overrule Debtor’s
objections and enter a judgment denying her discharge.
**END OF MEMORANDUM DECISION**
Case: 00-31332 Doc# 310 Filed: 09/01/06 Entered: 09/05/06 08:29:46 Page 3 of
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COURT SERVICE LIST
Patricia Alice McColm
P.O. Box 27274
San Francisco, CA 94127
Linda Ekstrom Stanley
Office of the United States Trustee
235 Pine St., Ste. 700
San Francisco, CA 94104
Brian A. Holt
One Nob Hill Circle
San Francisco, CA 94108
Reidun Stromsheim, Esq.
Law Offices of Reidun Stromsheim
353 Sacramento St., Ste. 860
San Francisco, CA 94111
Case: 00-31332 Doc# 310 Filed: 09/01/06 Entered: 09/05/06 08:29:46 Page 4 of
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