Stratton v. Hagan (In Re Stratton)

MEMORANDUM AND ORDER

G. WILLIAM BROWN, Bankruptcy Judge.

Relief by complaint to enforce the injunction pursuant to 11 U.S.C. § 524 is sought to prevent an unlisted creditor of a discharged debtor from proceeding in a state court action.

The stipulated facts disclose the debtors filed a petition under Chapter 7 on May 2, 1980, and failed to list the creditors now sought to be enjoined. A discharge was granted April 22, 1981. Thereafter, in a state court action, suit was instituted by the creditors Hagan against the debtors wherein the following pleadings are of record:

Complaint filed by creditors…