In re Chin Kun An

MEMORANDUM DECISION DENYING MOTION OF CREDITOR PAULA BOYD FOR RELIEF FROM DISCHARGE INJUNCTION TO PROSECUTE ACTION IN NONBANKRUPTCY COURT

On November 14, 2014, creditor Paula Boyd (“Creditor”) moved for relief from the automatic stay in the above chapter 7 bankruptcy case (the “Case”) to prosecute a cross-complaint for intentional misrepresentation and fraud against debtor Chin Kun An (“Debtor”) in the Los Angeles Superior Court, case no. BC 362165 (the “State Court Action”). For the reasons set forth below, the Court finds that the claims that the Creditor seeks to litigate against Debtor in the State Court Action (the “Claims”) are barred by the discharge that Debtor received in the Case on December 7, 2011. Accordingly, there is no “cause” to grant relief from the automatic stay (or, more accurately, the discharge injunction) to permit the Creditor to litigate the Claims in state court, and Creditor’s motion for such relief must be denied. An order to this effect will be entered concurrently herewith.

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PROCEDURAL HISTORY

Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code on August 25, 2011, commencing the Case. At the time the Case was…