Elawyers Elawyers
Ohio| Change

IN RE DOUCETTE, BKY 12-41644. (2017)

Court: United States Bankruptcy Court, D. Minnesota Number: inbco20170515511 Visitors: 8
Filed: May 11, 2017
Latest Update: May 11, 2017
Summary: ORDER DENYING MOTION TO REOPEN CASE ROBERT J. KRESSEL , Bankruptcy Judge . This case is before the court on the motion of Stacie Richardson to reopen the case. Steven C. Opheim appeared on behalf of Richardson. The stated purpose of the motion is to enable Richardson to file a motion to obtain relief from the discharge injunction. She wishes to add the debtor as a defendant to a state court action, not to establish the debt as a personal liability of the debtor, but rather to access any li
More

ORDER DENYING MOTION TO REOPEN CASE

This case is before the court on the motion of Stacie Richardson to reopen the case. Steven C. Opheim appeared on behalf of Richardson.

The stated purpose of the motion is to enable Richardson to file a motion to obtain relief from the discharge injunction. She wishes to add the debtor as a defendant to a state court action, not to establish the debt as a personal liability of the debtor, but rather to access any liability insurance that the debtor may have that would provide coverage.

To the extent that relief from the discharge injunction is available, it is not necessary here. 11 U.S.C. § 524(a)(2) provides that the discharge "operates as an injunction against the commencement or continuation of an action . . . to collect, recover or offset any such debt as a personal liability of the debtor. . . ." Richardson does not seek to collect the debt from the debtor as a personal liability, but if she can establish liability by the debtor, to collect any such debt from the debtor's insurer.

Thus, Richardson's proposed action does not violate the discharge injunction. To emphasize that fact, 11 U.S.C. § 524(e) provides that, except for an exception not applicable here, "discharge of a debt of the debtor does not affect the liability of any other entity . . . for such debt."

As a result, reopening the case is unnecessary.

THEREFORE, IT IS ORDERED: The motion of Stacie Richardson to reopen this case is denied.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer