1:03-bk-67091•Gaston R. Bryant
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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 3failure 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
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