In re Rich

Good Law
2016 WL 237786·117 A.F.T.R.2d (RIA) 480·2016 Bankr. LEXIS 233·544 B.R. 436
United States Bankruptcy Court, Eastern District of CaliforniaJanuary 15, 2016Case No. 15-12089-A-7California2,857 words

Opinion

Lead Opinion

Clement, J.

MEMORANDUM

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 chapter 7 bankruptcy. James E. Salven (“Salven”) was appointed trustee. On the date they filed bankruptcy, the Riches owned a 2007 Lexus RX350 sport utility vehicle and a 2007 Toyota Canary sedan with a collective value of $15,309.00. Liens against the vehicles totaled $6,848.00. The Riches exempted $2,900.00, leaving non-exempt equity of $5,561.00. The Riches scheduled priority taxes of $2,710.00 owed to the Internal Revenue Service and $999.00 owed to the Franchise Tax Board. Both tax debts are nondischargeable. They also scheduled general unsecured debts of $174,679.00.

After obtaining court approval, the Riches purchased the non-exempt…

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