DAVID KENNEDY, Chief Judge, Bankruptcy
It appears to the Court, on its own initiative, that on January 25, 1999, a "Discharge of [Corporate] Debtor" was entered by mistake. A bankruptcy court has the inherent equitable power to correct its own mistakes. See, for example, In re Mann, 197 B.R. 635 (Bankr. Ct. W.D. Tenn. 1996). Accordingly, the court sua sponte vacates the prior "Discharge of Debtor." FED. R. BANKR. P. 9024(a); 11 U.S.C. § 727(a)(1) and 105(a).
Under the Bankruptcy Code, a discharge in a chapter 7 case is given to individual debtors only, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). (A corporation was entitled to a discharge under the former Bankruptcy Act of 1898. See former Bankruptcy Act section 14a.)
Based on the foregoing and the entire case record as a whole,
IT IS ORDERED AND NOTICE IS HEREBY GIVEN that the "Discharge of Debtor" previously entered in this case is hereby set aside; and the Bankruptcy Court Clerk shall promptly send a copy of this Memorandum, Order and Notice to all parties in interest.