Mary Alice Uniack

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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MEMORANDUM
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 04-42949 J
MARY ALICE UNIACK, 	Chapter 7
Debtor./
MEMORANDUM
Mary Alice Uniack, the above debtor (“Uniack”), has filed an
ex parte motion to stay civil action No. C04-01887 entitled Kay v.
Uniack pending in the Superior Court of California, Contra Costa
County. 	The main focus of the motion is Uniack’s allegation that
the debts plaintiff James Kay (“Kay”) claims she owes him were
discharged in her bankruptcy case no. 04-42949 EDJ 7 entitled In re
Mary Alice Uniack.
A review of the First Amended Complaint in the Superior Court
action shows, however, that Kay is not seeking damages for any debts
Signed: October 31, 2006

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
October 31, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 04-42949 Doc# 33 Filed: 10/31/06 Entered: 10/31/06 16:08:27 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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1Bankruptcy Code § 727(b) provides that a discharge in a
chapter 7 case applies only to debts in existence at the date of
a voluntary petition.
2This court’s jurisdiction to determine the dischargeability
of debts of the type mentioned in Bankruptcy Code § 523(a)(6)
(willful and malicious injury to person or property) is
exclusive. 	See, e.g., In re Sassoon, 424 F.3d 864, 869 (9th Cir.
2005). 	The court notes that Kay did not file a complaint in this
court to exclude any such debts from Uniack’s discharge.
Therefore any such debts that arose before May 26, 2004 were
discharged.
2	MEMORANDUM
that were discharged in Uniack’s bankruptcy case. 1 	Rather, he is
seeking damages for debts that have not been discharged, i.e. debts
that arose after May 26, 2004, the date of Uniack’s chapter 7
petition. 2 	Therefore, this court declines to issue the requested
stay.
END OF ORDER
Case: 04-42949 Doc# 33 Filed: 10/31/06 Entered: 10/31/06 16:08:27 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	MEMORANDUM
COURT SERVICE LIST
Mary Alice Uniack
3360 Sweet Drive
Lafayette, CA 94549
Marc TerBeek, Esq.
Mehlman TerBeek LLP
2125 Oak Grove Road, Suite 125
Walnut Creek, CA 94598
Office of the U.S. Trustee
1301 Clay Street, Suite 690-N
Oakland, CA 94612
Lois I. Brady
Chapter 7 Trustee
350 Frank H. Ogawa Plaza #702
Oakland, CA 94612
Case: 04-42949 Doc# 33 Filed: 10/31/06 Entered: 10/31/06 16:08:27 Page 3 of 3