Thomas J. Tucker
Chapter 7
Judge Thomas J. Tucker
ORDER DISMISSING ADVERSARY PROCEEDING, AS MOOT
This adversary proceeding came before the Court for trial, held on April 30, 2013, after which the Court took the matter under advisement, with a bench opinion scheduled for May 7, 2013 at 2:00 p.m. On May 7, 2013, at 1:43 p.m., however, the Court entered a default judgment against Defendant Eric Kirk in the case of McDermott, United States Trustee v. Kirk, Adversary Proceeding No. 13-4233, denying Defendant's discharge under several provisions of 11 U.S.C. § 727(a).
The plaintiff McDermott, United States Trustee, filed his motion for default judgment in Adv. No. 13-4233 on May 7, 2013 at 1:12 p.m.
The denial of Defendant Kirk's discharge, just described, renders this adversary proceeding under 11 U.S.C. § 523(a)(2)(B) moot, because the denial of Defendant's discharge means that no debt that Defendant Kirk may owe to Plaintiff, in whatever amount, will be discharged in Defendant's pending Chapter 7 bankruptcy case.
For this reason,
IT IS ORDERED that this adversary proceeding is dismissed, as moot.
________________________
Thomas J. Tucker
United States Bankruptcy Judge