In re Johnson

Good Law
2017 WL 56870·564 B.R. 653·2017 U.S. Dist. LEXIS 1049
United States District Court, Eastern District of CaliforniaJanuary 4, 2017No. 2:15-cv-00990-JAMCalifornia3,034 words

Opinion

Lead Opinion

Mendez, J.

ORDER AFFIRMING BANKRUPTCY COURT’S JUDGMENT

This appeal arose from Jeffrey Brian Johnson’s Chapter 7 bankruptcy. After the Chapter 7 Trustee filed a Report of No Distribution, the bankruptcy court discharged Johnson’s debt (“Discharge Order”). Surprised by the Discharge Order, Johnson moved to set it aside. After the bankruptcy court denied his motion, John *655 son filed an appeal with this Court. 1 ECF No. 1. Although his appeal is unopposed 2 the Court is required to and has considered this appeal on its merits.

I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

Johnson filed for bankruptcy on November 18, 2013. App., ECF No. 19-1, at 3-4. Three days later, Johnson received a Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors & Deadlines .(“Deadline Notice”). Certificate of Mailing, located at Case No. 2:13-bk-34696, ECF No. 18. That document contained important dates, including the filing deadline to object to a debtor’s discharge: February 10, 2014 (“Filing Deadline”). Deadline Notice, located at Case No. 2:13-bk-34696, ECF No. 8. About one month later, the Chapter 7 Trustee filed a Report of No Distribution, concluding that Johnson had “no funds available from the…

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