IN RE JOHNSON (Bankr.N.D.Ala. 5-6-2011)

CASE NO. 10-05630-TBB-7.United States Bankruptcy Court, N.D. Alabama, Southern Division.
May 6, 2011

MEMORANDUM OPINION AND ORDER
THOMAS BENNETT, Bankruptcy Judge

This case is before the Court on Debtor’s Motion to Reopen. It appears that no notice and hearing is necessary for the resolution of this motion. This Court has jurisdiction. 28 U.S.C. § 1334(b). This is a core proceeding. 28 U.S.C. § 157(b)(2)(A). The Court has considered the motion and has taken judicial notice of the contents of the court file pursuant to Federal Rule of Evidence 201 and finds and concludes as follows.

The debtor(s) filed a petition for relief under Chapter 7 of the Bankruptcy Code on September 21, 2011. On October 28, 2010, this Court issued a notice pursuant to Rule 2002(e) of the Federal Rules of Bankruptcy Procedure indicating that there appeared to be no assets available from which distributions could be made and directing creditors not to file a proof of claim until they received a notice from the Court to do so. No notice to file claims was ever issued. The trustee filed his Final Report on October 29, 2010. An order discharging the debtor(s)
from all dischargeable debts was entered on January 6, 2011. The case was closed on January 6, 2011.

On May 5, 2011, Debtor(s) filed a Motion to Reopen Case. In that motion, the debtor(s) requested that the case be reopened to amend the schedules to add debt(s) that preexisted the filing of the Chapter 7 case. Pursuant to 11 U.S.C. § 350, a case may

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be reopened “to administer assets, to accord relief to the debtor, or for other cause.” The only stated reason for wanting to reopen the case was to amend the schedules to add the debt(s).
Presumably, the debtor(s) is/are concerned that the debt(s)was/were not discharged because of the failure to properly listit/them. The listing of a debt in the schedules is not a condition of its discharge under 11 U.S.C. § 727. That section provides that the debtor is “discharged . . . from all debts that arose before the date of the order for relief.” Nothing in § 727 prevents an unscheduled debt from being discharged. There is no indication that either the debtor(s) or the creditor(s) wish to file an adversary proceeding regarding the dischargeability of the debt(s) in question.

Therefore, the Court concludes that cause does not exist for the case to be reopened. Any debts which were dischargeable were discharged by the Court’s order of January 6, 2011.[1] Accordingly, it is hereby

ORDERED, ADJUDGED AND DECREED that the Motion to Reopen Case isDENIED.

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Notice Recipients

Case: 10-05630-TBB7 Form ID: pdf000 Total: 22

Recipients of Notice of Electronic Filing:

tr Thomas E Reynolds ter@hsy.com

TOTAL: 1

Recipients submitted to the BNC (Bankruptcy Noticing Center):

db Felicia Johnson 2860 G Regal Circle Birmingham, AL 35216

cr Diligentsia Capital Group LLC GE Money Bank c/o Recovery Management Systems Corp Attn:
Ramesh Singh 25 SE 2nd Ave Ste 1120 Miami, FL 33131-1605

smg Thomas Corbett BA Birmingham 1800 5th Avenue North Birmingham, AL 35203

6621953 Andrews Sports Medicine P O Box 934532 Atlanta, GA 31193

6621951 Angelica Rohner, DMD 2045 Medical Ctr Drive #21 Birmingham, AL 35209

6621955 Aspen P O Box 105555 Atlanta, GA 30348

6621949 CMI 4200 International Pkwy Carrollton, TX 75007

6621952 Cotton States Insurance c/o D.C.S. Inc 900 S. Highway Drive Ste 210 Fenton, MO 63026

6621947 Enhanced Recovery 8014 Bayberry Road Jacksonville, FL 32256

6622398 Holloway Credit Solution P.O. Box 230609 Montgomery, AL 36123

6621944 Holloway Credit Solutions 1286 Carmichael Way Montgomery, AL 36106

6621948 IC Systems Collections P O Box 64378 St. Paul, MN 55164

6621958 Merchants ADJ Service P O Box 7511 Mobile, AL 36670

6621954 Midland Credit Management P O Box 60578 Los Angeles, CA 90060-0518

6621950 Miramed Revenue Grp 991 Oak Creek Road Lombard, IL 60148

6667105 Monte Oro 2860 Regal Circle Hoover, AL 35216

6621956 National Credit Systems P O Box 312125 Atlanta, GA 31131

6621945 RJM Acquisitions 575 Underhill Blvd Ste 224 Syosset, NY 11791-3416

6663549 Recovery Management Systems Corporation 25 S.E. 2nd Avenue, Suite 1120 Miami, FL
33131-1605

6621957 Rent Debt Automated 2285 Murfreeboro Ste 200 Nashville, TN 37217

6621946 Southwest Credit Systems 4120 International Pkwy Ste 1100 Carrollton, TX 75007-1958

TOTAL: 21