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IN RE: TANYA M. DENSMORE, Debtor.

MEMORANDUM OPINION AND ORDER GRANTING DEBTOR'S MOTION TO REOPEN IN PART AND DENYING MOTION IN PART

TAMARA MITCHELL, Bankruptcy Judge

This case is before the Court on Debtor's Motion to Reopen to Add Creditor and Obtain Discharge (BK Doc. 37). It appears that no notice and hearing is necessary for the resolution of this Motion. This Court has jurisdiction pursuant to 28 U.S.C. § 1334(b), and this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A).

The Debtor in this case filed a petition for relief under Chapter 7 of the Bankruptcy Code on February 15, 2008. On March 13, 2008 the Trustee issued his Final Report of No Distribution. On June 10, 2008 the case was closed without a discharge for the Debtor's failure to file the Debtor's Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object.

On October 2, 2008 the Debtor filed the Motion to Reopen seeking to have the case reopened in order to file the Debtor's Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object so that the Debtor can obtain a discharge. The Motion to Reopen also seeks to add a pre-petition debt which was not included on the originally filed schedules. The listing of a debt in the schedules is not a condition of its discharge under 11 U.S.C. § 727. That section provides that the debtor is "discharged . . . from all debts that arose before the date of the order for relief." Nothing in section 727 prevents an unscheduled debt from being discharged. There is no indication that either the debtor or the creditor wish to file an adversary proceeding regarding the dischargeability of the debt in question. Therefore, the Court concludes that as to the request to reopen to add a creditor, cause does not exist for the case to be reopened. Once the Debtor receives a discharge in this case, any debts which are dischargeable under section 727 will be discharged, whether they were scheduled or not.

The Court would cite the parties to the decision on this issue which was previously entered in In re Coleman, Case No. 93-03514-TOM-7, December 29, 1995, for a more in depth analysis on the issue of reopening Chapter 7 cases to amend schedules.

As to the second reason for reopening the case, to file the Debtor's Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object, it appears the motion is due to be granted in part to allow the Debtor to file said document. Accordingly, it is hereby

Debtor's attorney should file the Debtor's Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object as a separate docket entry.

ORDERED, ADJUDGED and DECREED that the Motion to Reopen is DENIED in so far as the Motion seeks to reopen to add a creditor, and the Motion to Reopen is GRANTED as to the request to file the Debtor's Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object unless a creditor or party in interest objects within 20 days of the date of the entry of this Order. In the event an objection to the Motion to Reopen is filed, a hearing will be scheduled by a subsequent notice.

Notice Recipients

District/Off: 1126-2 User: claw Date Created: 10/6/2008 Case: 08-00748-TOM7 Form ID: pdf000 Total: 24 Recipients of Notice of Electronic Filing: tr Andre' M Toffel amt-trustee@wwisp.com aty Gregory L Case glcase@bhwlegal.com aty William C Poole william_poole@bellsouth.net TOTAL: 3 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Tanya M. Densmore 5951 High Forest Drive McCalla, AL 35111 cr Wells Fargo Bank, N.A. C/O Hetrick Poole, LLP 917 Western America Circle, Suite 200 Mobile, AL 36609 smg Valrey Early BA Birmingham 1800 5th Avenue North Birmingham, AL 35203 5281961 ANI LLC PO Box 11407 Birmingham AL 35246 5281960 America's 1st Fed Cr Union PO Box 11349 Birmingham AL 35202 5281962 Autumn Brook Apartments 301 Autumn Brook Terrace Bessemer AL 35023 5281968 Compass Bank PO Box 10566 Birmingham AL 35296 5281963 Discover PO Box 3008 New Albany OH 43054-3008 5281964 Elan Financial Services PO Box 790408 Saint Louis MO 63179 5281965 Gonzalez Carr 101 Heatherbrooke Park Drive Birmingham AL 35242 5281966 Macy's PO Box 183083 Columbus OH 43218-3083 5281967 Nextel 10002 Park Meadows Dr Littleton CO 80124 5281969 Sears Mastercard PO Box 183082 Columbus OH 43218-3082 5281970 Sears Plus PO Box 183081 Columbus OH 43218-3081 5281971 University of Alabama PO Box 870120 Tuscaloosa AL 35487-0120 5281972 Verizon Wireless PO Box 105378 Atlanta GA 30348 5281973 Victoria's Secret PO Box 659728 San Antonio TX 78265 5281974 Wells Fargo PO Box 29704 Phoenix AZ 85038 5281975 Wells Fargo PO Box 98796 Las Vegas NV 89193-8796 5281976 Women's Care Specialists 2006 Brookwood Medical Cntr Dr Suite600 Birmingham AL 35209 5281977 Zales PO Box 689182 Des Moines IA 50368-9182 TOTAL: 21

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IN RE DENSMORE
(Oct 6, 2008)