In re O.G.M., 2:13-bk-32922-RK. (2017)
Court: United States Bankruptcy Court, C.D. California
Number: inbco20170926529
Visitors: 9
Filed: Sep. 25, 2017
Latest Update: Sep. 25, 2017
Summary: NOT FOR PUBLICATION EXPUNGEMENT ORDER AND ORDER RESTRICTING ACCESS TO CASE RECORDS ROBERT KWAN , Bankruptcy Judge . Pending before this court is the Motion of Debtor O.G.M. to Expunge Bankruptcy Case pursuant to 11 U.S.C. 107(b)(2) and 11 U.S.C. 105 ("Motion") filed on July 20, 2017 (Docket No. 15), which came on for an evidentiary hearing on September 12, 2017 before the undersigned United States Bankruptcy Judge. Having considered the evidence offered at the evidentiary hearing and
Summary: NOT FOR PUBLICATION EXPUNGEMENT ORDER AND ORDER RESTRICTING ACCESS TO CASE RECORDS ROBERT KWAN , Bankruptcy Judge . Pending before this court is the Motion of Debtor O.G.M. to Expunge Bankruptcy Case pursuant to 11 U.S.C. 107(b)(2) and 11 U.S.C. 105 ("Motion") filed on July 20, 2017 (Docket No. 15), which came on for an evidentiary hearing on September 12, 2017 before the undersigned United States Bankruptcy Judge. Having considered the evidence offered at the evidentiary hearing and t..
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NOT FOR PUBLICATION
EXPUNGEMENT ORDER AND ORDER RESTRICTING ACCESS TO CASE RECORDS
ROBERT KWAN, Bankruptcy Judge.
Pending before this court is the Motion of Debtor O.G.M. to Expunge Bankruptcy Case pursuant to 11 U.S.C. § 107(b)(2) and 11 U.S.C. § 105 ("Motion") filed on July 20, 2017 (Docket No. 15), which came on for an evidentiary hearing on September 12, 2017 before the undersigned United States Bankruptcy Judge.
Having considered the evidence offered at the evidentiary hearing and the other papers and pleadings filed in this case and having found that this bankruptcy case was filed without the knowledge and consent of Debtor, and thereby, the bankruptcy case was an unauthorized, fraudulent and otherwise incorrect filing and should be expunged pursuant to 11 U.S.C. §§ 105(a) and 107(b)(2) and Federal Rule of Bankruptcy Procedure 9018, In re Storay, 364 B.R. 194, 196-197 (Bankr. D.S.C. 2006) (expunging a bankruptcy case of joint debtors who signed a blank bankruptcy petition, but who did not review or authorize the filing of the completed petition, pursuant to 11 U.S.C. § 105(a))(citations omitted); see also, In re T.H., 529 B.R. 112, 120-124, 134-135 and nn. 42-44 (Bankr. E.D. Va. 2015)(sanctioning attorney who filed an unauthorized bankruptcy case for a debtor whose case was expunged for lack of authorization to file)(citations omitted),
IT IS HEREBY ORDERED THAT:
1. This bankruptcy case is expunged.
2. The Clerk of Court is to restrict public access to any documents filed in this case, except this Expungement Order, in which Debtor will be referred to by her initials, O.G.M., only, which order will remain on the case docket accessible to the public;
3. The Clerk of Court is directed to remove all references to the Debtor, O.G.M., from the case docket and any court records for this case; and
4. The Clerk of the Court is further directed to close this case.
IT IS SO ORDERED.
Source: Leagle
