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United States of America and Trustee A. Thomas Pokela v. Gerald Lee Swanson and Cheryl Marie Swanson (In re Swanson)

Bankr. No.: 
86-10286
Adv. No.: 
90-1012
Date of Decision: 
March 18, 1991
Issue: 
(1) Whether discharge order could be vacated due to mistaken, untimely request for discharge by the debtor? (2) Whether question of revocation of discharge order for fraud was ripe where alleged fraudulent sale had not been consummated and where discharge order was vacated?
Ruling: 
(1) Order of discharge was properly vacated under Bankr. R. 9024 where the debtor erroneously requested untimely entry of discharge. (2) Question of revocation of discharge order for fraud was not ripe for decision where alleged fraudulent sale had not been consummated and where discharge order was to be vacated.
Full Bankruptcy Court Decision: