Gaston R. Bryant

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Baltimore
In Re: 	*
GASTON F. BRYANT, 	* 	Case No. 	03-67091-JS
* 	Chapter 	7
*
*
Debtor 	*
MEMORANDUM ORDER GRANTING MOTION TO STRIKE JUDGMENT
The Debtor has moved to strike a prepetition judgment, alleging that he is in the miltary and
that the judgment should have been discharged during the pendency of the above-captioned case.
Failure to strike this judgment will prejudice his opportunity for re-enlistment. The motion represents
that the Debtor failed to list Canyon Receivables, L.P. ("Creditor") on any schedule of creditors, and
the Debtor is now at risk to collection action by the Creditor. The court need not reopen the case for
the reasons set forth in In re Stecklow, 144 B.R. 314 (Bankr. D. Md. 1992), and in In re Harmon, 213
B.R. 805 (Bankr. D.Md. 1997).
As explained in the Stecklow and Harmon opinions, the failure by the Debtor(s) to list the
Creditor does not automatically deprive the Debtor(s) of a discharge of the claim held by the Creditor.
11 U.S.C. § 523(a)(3) prevents the discharge of an unlisted claim if the failure to schedule the claim
results in that Creditor being deprived of the opportunity to timely file a proof of claim. In addition,
if the claim is of a kind which would have been held nondischargeable by reason of false pretenses,
fraud, willful and malicious injury, as more fully set forth in 11 U.S.C. §§ 523(a)(2), (4), and (6), the
Signed: September 14, 2007
SO ORDERED
Entered: September 17, 2007 Case 03-67091 Doc 20 Filed 09/17/07 Page 1 of 3

failure to schedule the claim will prevent the discharge of the unscheduled claim where such failure also
prevented the Creditor from filing a timely request for determination of dischargeability.
Because this bankruptcy case was a no asset case, the notice sent to creditors who had been
scheduled did not contain a deadline for filing proofs of claims. Accordingly, the failure to schedule
the Creditor did not deprive the Creditor of the opportunity to timely file a proof of claim; and it
therefore appears that the Creditor's claim may have been discharged, even though it had not been
scheduled. The creditor has consented to have its judgment stricken.
For these reasons, it is not necessary to reopen this case. 	The prepetition judgment of the
creditor has been discharged and accordingly is null and void and will be stricken.
cc: 	Michael P. Bahner, Esquire
310 Dunwoody Drive
Simpsonville, South Carolina 	29681
Michael P. Bahner, Esquire
410 Barnes Street
Bel Air, Maryland 	21014
SSgt. Gaston R. Bryant
1421 Hardwick Drive, Apt. B
Essex, Maryland 	21221-4432
Office of the U.S. Trustee
2625 U.S. Courthouse
101 West Lombard Street
Baltimore, Maryland 	21201
Joseph J. Bellinger, Trustee
Ballard Spahr Andrews & Ingersoll, LLP
300 East Lombard Street, 18 th Floor
Baltimore, Maryland 	21202-3268
Lt. Col. William E. Hensel, MDANG
175 WG/IG
2701 Eastern Boulevard
Baltimore, Maryland 	21220
Charles H. Bogino, Esquire
10605 Concord Street, Suite 410
Kensington, Maryland 	20895
Attorney for Canyon Receivables, L.P.
Case 03-67091 Doc 20 Filed 09/17/07 Page 2 of 3

Lt. Col. J. Steve Rollins
175 LRS Commander
2701 Eastern Boulevard
Baltimore, Maryland 	21220
Reopen-31.5 -- 9/29/05
End of Order
Case 03-67091 Doc 20 Filed 09/17/07 Page 3 of 3