Legal Opinion

In re Rich

United States Bankruptcy Court, E.D. California

Decided January 15, 2016No. Case No. 15-12089-A-7PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

Fredrick E. Clement, United States Bankruptcy Judge

Rule 4004(c)(2)1 authorizes the court to defer the entry of discharge in a chapter 7 bankruptcy, which extends the in personam protections of the stay. 11 U.S.C. § 362. The debtors owe nondischargeable taxes, which will be paid when a final distribution is made upon case closure. They fear that their tax creditors will garnish their post-petition wages after the discharge issues but before the trustee distributes estate funds. Should the court defer the discharge?

FACTS

Frederick Allen Rich and Sarah Marie Rich (“Riches”) filed…

2Cases cited2 opinions

  1. In Re RoderickUnited States Bankruptcy Court, E.D. California · 2010
  2. In re PetroneBankruptcy Appellate Panel of the First Circuit · 2013

3Cited by2 opinions

  1. Gundala Vs. Bac Home Loans Serv., LpNevada Supreme Court · 2021
  2. Nv Eagles, Llc Vs. Nationstar Mortg., LlcNevada Supreme Court · 2020

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