Billy Joe Ocheltree and Kimberly Jean Ocheltree

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The court incorporates by reference in this paragraph and adopts as the findings and orders
of this court the document set forth below.

Russ Kendig
United States Bankruptcy Judge

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

IN RE: ) CHAPTER 7
)

BILLY JOE OCHELTREE AND ) CASE NO. 11-60316

KIMBERLY JEAN OCHELTREE, )
JUDGE RUSS KENDIG

Debtors. ) MEMORANDUM OF OPINION

} (NOT INTENDED FOR
} PUBLICATION)

Before the court is Debtors’ Motion to Temporarily Revoke Discharge and Motion
to Keep Case Open for Additional 90 Days, filed on September 14, 2011. They desire to
temporarily revoke their discharge in order to negotiate a reaffirmation agreement with
creditor Beneficial. For the reasons set forth below, the motion is denied.

The court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334 and the general
order of reference entered in this district on July 16, 1984. Venue in this district and division
is proper pursuant to 28 U.S.C. § 1409. This is a core proceeding under 28 U.S.C. §

157(b)(2)(O).

_ This opinion is not intended for publication or citation. The availability of this
opinion, in electronic or printed form, is not the result of a direct submission by the Court.

FACTS

Debtors filed a chapter 7 case on February 7, 2011. Their schedules show a debt
of $130,718 owed to Beneficial on a mortgage note. The statement of intention, also filed
on February 7, 2011, indicated an intent to reaffirm the debt. The last date to object to

discharge was June 6, 2011.

On May 13, 2011, at Debtors’ request, the court extended the discharge date to
August 6, 2011. They indicated they were negotiating a permanent loan modification
with HSBC/Beneficial. On July 18, 2011, a reaffirmation agreement was filed. The
agreement was rescinded on August 4, 2011. Debtors then obtained a further extension
of the discharge date, this time through September 5, 2011, again indicating they
continued to negotiate with HSBC/Beneficial. No further action was taken and on

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September 7, 2011, the court issued the order of discharge.
LAW AND ANALYSIS

For multiple reasons, the court cannot grant the relief sought by Debtors. First,
revocations of discharge need to be brought as adversary proceedings. Fed. R. Bankr. P.

7001(4).

__ Second, revocations of discharge are governed by 11 U.S.C. § 727(d). The
provision references only three parties as initiators of a revocation action: a creditor, a
trustee, or the United States trustee. A debtor does not appear to have the ability to

revoke a discharge.

Third, even if a debtor could bring a revocation action, Debtors have failed to
te under § 727(d). The section outlines four specific

demonstrate revocation is appropria
foundations supporting revocation: (1) the discharge was obtained by debtor’s fraud, (2)

the debtor knowingly and fraudulently failed to account to the estate for after-acquired
estate property, (3) the debtor disobeyed a court order or did not respond to a material
question, and (4) the debtor did not cooperate in a 28 U.S.C. § 586(f) audit. Revoking a

ischarge for missing a reaffirmation deadline is not one of the foundations, nor does the
conduct rise to the level of the bad action underpinning revocation.

Finally, Debtors’ issue is not with the discharge. It is clear they want a discharge.
They are merely attempting to rectify the impact of missing deadlines. The reaffirmation
agreement was not filed in the time frame set forth in Federal Rule of Bankruptcy
Procedure 4008(a). And, although they delayed entry of discharge on two occasions, they
failed to timely extend it a third time. Granting the relief requested would allow Debtors
to circumvent the clearly established deadlines set forth in the bankruptcy code and rules.

The court will issue an order with this opinion.

Service List:

Deborah L Mack
P O Box 486
Mansfield, OH 44901-0486

Billy Joe Ocheltree
Kimberly Jean Ocheltree
5500 Algire Rd
Bellville, OH 44813

Beneficial Finance I Inc.

961 Weigel Dr.
Elmhurst, IL 60126

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Mathew Richardson, Esq.
Manley Deas Kochalski LLC
P.O. Box 165028

Columbus, OH 43216-5028

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