Edward J. Dougherty and Sarah T. Dougherty

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: EDWARD J. DOUGHERTY :
SARAH T. DOUGHTERTY : Chapter 13
:
Debtor(s) : Bky. No. 09-13922ELF
O R D E R
AND NOW, upon consideration of the Debtors’ Motion to Compel Turnover, and the
Debtors’ Certification of No Response, it is hereby ORDERED that the Motion is DENIED
WITHOUT PREJUDICE.1
Date: June 18, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
There are several procedural problems with the Motion that preclude the grant of the relief1
requested:
1. The Docket does not reflect that the Notice of Motion was served on the Respondent.
Compare Docket Entry No. 4 (service letter dated May 28, 2009 on Respondent
stating that “the hearing on the Motion will be scheduled . . . and we will notify
you”) with Docket Entry No. 7 (Notice of Motion dated June 1, 2009 without any
Certification of Service). This renders defective the Certification of No Response.
2. The Docket does not reflect service on the Respondent in conformity with Fed. R.
Bankr. P. 7004.
3. The relief requested by motion requires the filing of an adversary proceeding. See
Fed. R. Bankr. P. 7001(1); In re Eastern & Juniper Co-op Ass’n, Inc., 2008 WL
5381448 (Bankr. D.D.C. Dec. 18, 2008); In re Quarles, 2002 WL 32114485 (Bankr.
E.D. Ark. Oct. 22, 2002); see generally In re Mansarary-Ruffin, 530 F.3d 230 (3d
Cir. 2008) (provision of confirmation order that required initiation of adversary
proceeding was unenforceable because it was entered in violation of creditor’s right
to procedural due process).
4. The Debtors fail to set forth with sufficient particularity the assets subject to the
requested turnover order.
Case 09-13922-elf Doc 19 Filed 06/18/09 Entered 06/19/09 16:35:15 Desc Main
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