Bankr. No.:
00-40679
Chapter:
7
Date of Decision:
June 28, 2005
Issue:
(1) Whether a judgment held by a creditor that objected to Debtor’s motion to discharge judgments on the basis of Debtor’s alleged intent to defraud the creditor was voided pursuant to 11 U.S.C. § 524(a)(1)? (2) Whether a judgment held by a creditor that was not included on Debtor’s mailing list of creditors was voided pursuant to 11 U.S.C. § 524(a)(1)?
Ruling:
(1) Because the creditor received timely notice of Debtor’s bankruptcy filing and did not object to Debtor’s discharge or to the dischargeability of its claim, its claim was discharged on November 15, 2000 (when the Court entered Debtor’s discharge). Its judgment was voided on that same date. (2) Because Debtor did not include the creditor on his mailing list of creditors, the creditor did not receive formal notice of Debtor’s bankruptcy filing, and the creditor’s claim may not have been discharged. It would therefore be premature to grant Debtor relief with respect to the creditor’s judgment.
Full Bankruptcy Court Decision:
