Opinion
MEMORANDUM RE STATUS OF ADVERSARY PROCEEDING
LESLIE TCHAIKOVSKY, Bankruptcy Judge.
On April 24, 2009, the above-captioned debtors (the "Debtors") filed the above-captioned adversary proceeding, seeking a determination that their tax obligations to the defendants for the tax years 1988 through 1997 were subject to the Debtors' discharge in their bankruptcy case. The Debtors received their discharge on June 16, 2009. On October 13, 2009, the Internal Revenue Service filed a Statement of Nonopposition to the complaint. On November 3, 2009, the Franchise Tax Board filed a Statement of Nonopposition to the complaint.
On October 5, 2009, the Debtors appeared at a status conference in the adversary proceeding. The Court noted that the defendants had each filed a Statement of Nonopposition to the complaint. It directed the Debtors' counsel to submit a proposed form of judgment granting the relief requested: i.e., a declaration that the taxes in question were discharged in the Debtors' bankruptcy case. The Court issued an order dismissing the proceeding in 60 days if the Debtors failed to do so.
For some reason, the Debtors have failed to submit a proposed form of judgment. Instead, they have moved to restore the proceeding to the active calendar. They appear to believe that the amount of the taxes being discharged must be quantified. There is no need to do so. The hearing on the Debtors' motion to restore will not be vacated. However, the Debtors may submit a proposed form of judgment prior to the hearing. If the judgment is entered, they need not appear at the hearing on their motion.