- 25 -
hearing and because respondent has not objected to the arguments,
we shall address the additional arguments.
1. Whether Respondent Is Enjoined by the Order of
Discharge From Collecting the Unpaid Liabilities
Petitioner argues that respondent is enjoined by the
discharge order from collecting the unpaid liabilities. However,
the discharge order specifically states that only creditors whose
debts are discharged by the order or declared null and void under
paragraph 2 of the order are enjoined from collecting debts.
Paragraphs 2 and 3 of the discharge order stated:
2. Any judgment heretofore or hereafter obtained
in any court other than this court is null and
void as a determination of the personal liability
of the debtor with respect to any of the following:
(a) debts dischargeable under 11 U.S.C. sec.
523;
(b) unless heretofore or hereafter
determined by order of this court to be
nondischargeable, debts alleged to be excepted
from discharge under clauses (2), (4), (6)
and (15) of 11 U.S.C. sec. 523(a);
(c) debts determined by this court to be
discharged.
3. All creditors whose debts are discharged by
this order and all creditors whose judgments are
declared null and void by paragraph 2 above are
enjoined from instituting or continuing any action
or employing any process or engaging in any act to
collect such debts as personal liabilities of the
above-named debtor.
As previously explained, the unpaid liabilities were not
dischargeable under 11 U.S.C. sec. 523(a)(1)(B) because required
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: May 25, 2011