1:10-bk-10809•Sarah Marie Muchmore
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Entered on Docket September 29, 2010 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 10-10809 Doc# 19 Filed: 09/29/10 Entered: 09/29/10 14:20:59 Page 1 of 2
Case: 10-10809 Doc# 19 Filed: 09/29/10 Entered: 09/29/10 14:20:59 Page 2 of 2
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Entered on Docket September 29, 2010 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 7 UNITED STATES BANKRUPTCY COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 | Inre set an L°y27 OP 10 | SARAH MARTE MUCHMORE, No. 10-16896 11 Debtor(s). / 12 Memorandum and Order Denying Application to Reopen Case 13 14 Chapter 7 debtor Sarah Muchmore has filed an application to reopen this Chapter 7 case in 15 || order to file an amended schedule to add omitted creditors. Since this amendment would be a 16 || meaningless act, the application to reopen will be denied. 17 Omitted debts are covered by § 523(a)(3) of the Bankruptcy Code. The key provision is 18 || “notice or actual knowledge” of the bankruptcy, not scheduling. If this case was closed as a no-asset 19 || case, informing the creditor of it even after it has been closed may be sufficient to discharge the debt if 20 || no grounds to contest the discharge of the debt ever existed. If the debt would have been excepted 21 || from discharge pursuant to § 523(a)(2), (4), or (6), but the creditor did not have knowledge of 22 || the case in time to file a timely adversary proceeding pursuant to § 523(c), then the debt may be 23 || nondischargeable under § 523(a)(3). In re Lochrie (9th Cir. BAP 1987) 78 B.R. 257. 24 If there is any dispute as to whether a debt has been discharged, it must be resolved in an 25 || adversary proceeding pursuant to FRBP 7001(6). Such an adversary proceeding may be filed 26 || without reopening the case. In re Staffer, 306 F.3d 967, 972-73 (9" Cir. 2002). Nor is a filing fee 1 us.coveenmes Se. 10-10809 Doc#19 Filed: 09/29/10 Entered: 09/29/10 14:20:59 Page 1 of 2 INFORMATION GPO 1 | required. FRBP 4007(b). 2 A motion to reopen must be denied when it would not result in any relief. In affirming the 3 || bankruptcy court’s refusal to allow a debtor to reopen his case, the Court of Appeals specifically 4 || noted: “After [a Chapter 7 case] has been closed, dischargeability is unaffected by scheduling; 5 || amendment of [the debtor’s] schedules would thus have been a pointless exercise.” In re Beezley, 994 F.2d 1433, 1434 (9" Cir. 1993). See also In re Madaj, 149 F.3d 467, 468 (9" Cir. 1998)[In a Chapter 7 case “reopening the case merely to scheduled [an omitted] creditor is for all practical purposes a 8 || useless gesture.” ]. 9 For the foregoing reasons the application to reopen this case is denied, without prejudice to an 10 || adversary proceeding. If such an adversary proceeding is filed by the debtor, a copy of this 11 || memorandum shall be served on the defendants with the complaint. 12 13 || Dated: September 29, 2010 14 15 16 17 18 19 20 22 23 24 25 26 Case: 10-10809 Doc#19 Filed: 09/29/10 Entered: 09/29/10 14:20:59 Page 2 of 2
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