Opinion
Case No. 01-11508, Adversary No. 02-5126
October 6, 2003
ORDER GRANTING TRUSTEE'S MOTION FOR SUMMARY JUDGMENT INCLUDING REVOCATION OF DISCHARGE AND MONEY JUDGMENT
This matter comes before the Court on Plaintiffs Motion for Summary Judgment on Trustee's Complaint to Revoke Discharge and for Money Judgment (Doc. No. 16). The Trustee filed his Motion for Summary Judgment on July 17, 2003. A response was therefore due, pursuant to D. Kan. Rule 6.1, on or before August 11, 2003. In addition, the Trustee noticed the motion with an objection deadline of August 6, 2003. No objection was received.
When no response was received, the Court sent a letter dated August 12, 2003 to the Defendant informing her that the deadline to respond to the Motion to Dismiss had expired, but granting the Defendant an additional ten calendar days to respond to the Motion to Dismiss. The letter also informed her that if she failed to respond to the motion within that time, the motion would be treated as uncontested pursuant to D. Kan. Rule 7.4 and ruled on accordingly. No response has been received from the Defendant. Therefore, the Court has reviewed Trustee's Motion for Summary Judgment, and finds that facts exist to warrant granting that motion.
IT IS, THEREFORE, ORDERED THAT the Trustee's Motion for Summary Judgment is granted. Judgment is granted for the Trustee against Defendant, Patricia L. Elsenrath, in the amount of $1,577.00, plus interest at the judgment rate from and after May 11, 2001, together with filing fees of $150 plus any other costs of the action.
IT IS FURTHER ORDERED that Debtor's discharge should be and is hereby revoked pursuant to 11 U.S.C. § 727(d)(3), because the Debtor refused to obey the lawful Order of this Court to turn over the pre-petition refund.
IT IS FURTHER ORDERED that the foregoing constitutes Findings of Fact and Conclusions of Law under Rule 7052 of the Federal Rules of Bankruptcy Procedure and Rule 52(a) of the Federal Rules of Civil Procedure. A judgment based on this ruling will be entered on a separate document as required by F.R.Bankr.P. 9021 and Fed.R.Civ.P. 58.
IT IS SO ORDERED.