In Re Green

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

In the above-captioned chapter 13 cases, the debtors (the “Debtors”) seek orders compelling the issuance of their discharge. The chapter 13 trustee (“Trustee”) opposes the motion based on In re Avery, 272 B.R. 718 (Bankr.E.D.Cal.2002). For the reasons stated below, in two of the cases, the Debtors’ motions are granted. In the third, it is denied without prejudice. The reasons for the Court’s decision are set forth below.

SUMMARY OF FACTS

The Debtors’ motions came on for hearing before the undersigned judge on February 1, 2005. The facts…