Ohayon v. Papera

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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

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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

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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