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#2305 signed 2-20-97

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF KANSAS




In re:

AMY LOUISE REED,

DEBTOR(S).





CASE NO. 92-40058-7

CHAPTER 7





ORDER ON MOTION TO REOPEN CASE

This matter is before the Court following the submission of a proposed order on the debtor's motion to reopen her bankruptcy case. The debtor appears by counsel Anthony D. Clum and Jan Hamilton, who submitted the proposed order. The Court has reviewed the relevant materials and is now ready to rule.

The debtor filed her bankruptcy petition in January 1992, and the notice generated from the filing specified a deadline for filing proofs of claim. A short time later, though, the case trustee filed a notice of intended abandonment in a no-asset case. The debtor received a discharge in June 1992.

More than four years later, in September 1996, the debtor filed a motion to reopen her case. In pertinent part, the motion reads: "Debtor shows the Court that a creditor needs to be added to the matrix and schedules filed in this case. WHEREFORE, Debtor prays that the Court reopen the above referenced bankruptcy to add the following creditor: Stormont Vail Regional Medical Center." A copy of the motion was sent to the creditor along with a notice of hearing on the motion. The creditor filed no response and did not appear at the hearing.

The proposed order counsel has submitted goes well beyond the relief sought in the motion. Besides declaring the case is reopened to add the creditor, it states: "[T]hat the debtor is released from any debt owed to such creditor and that said creditor is enjoined from instituting or continuing any action or employing any process or engaging in any act to collect such debt as a personal liability of the above named debtor." This language exceeds the relief that the motion would have advised the creditor was being sought, or that the debtor has shown she is entitled to. The most the Court can declare is that the debt is discharged unless it falls within the exception found in 11 U.S.C.A. §523(a)(3).

Therefore, the case is reopened to add the creditor to the matrix and schedules, and the debt owed to the creditor is discharged unless it is covered by §523(a)(3).

IT IS SO ORDERED.

Dated at Topeka, Kansas, this _____ day of February, 1997.













__________________________________

JAMES A. PUSATERI

CHIEF BANKRUPTCY JUDGE

 

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