Gerald Henneghan

Opinion

The document below is hereby signed. geet, Signed: January 8, 2020 ye” MM alll By, Crag i

htt. Lins Lott L/S ae S. Martin Teel, Jr. United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA

In re ) ) Case No. 12-00637 GERALD HENNEGHAN, ) (Chapter 7) ) Not for publication in Debtor. ) West’s Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING EMERGENCY MOTION SEEKING TO REOPEN CASE, TO IMPOSE STAY AND FOR INJUNCTION TO ENJOIN PUBLIC AUCTION OF DEBTOR’ S HOME The debtor, Gerald Henneghan, has filed a motion, titled in full: Debtor Gerald Henneghan's Ex-Parte Emergency Motion To Reopen His Chapter 7 Case, To Impose Stay To Avoid TIrreparable Harm And For An Injunction To Enjoin The Defendants From Selling His Home At Public Auction On Wednesday, January 8, 2020 at 12:08PM and To Administer Assets (Dkt. No. 58) (“Emergency Motion”). The purported emergency is a foreclosure sale set for today. However, a foreclosure sale does not violate the discharge injunction. As this court previously noted: A discharge “extinguishes only ‘the personal liability of the debtor’ ... [while] a creditor's right to foreclose on the mortgage survives or passes through the bankruptcy.” Johnson v. Home State Bank, 501 U.S. 78, 83 (1991). A foreclosure action is to collect a debt against property encumbered by a mortgage, not to collect

the debt as a personal obligation of the debtor, and creditors act within their rights to seek foreclosure even after the debtor has received a discharge. In re Henneghan, No. 12-00637, 2017 WL 6371340, at *2 (Bankr. D.D.C. Dec. 7, 2017). There being no justification for reopening the case on an emergency basis, it is ORDERED that the Emergency Motion (Dkt. No. 58) is DENIED. [Signed and dated above.] Copies to: Debtor; e-recipients of orders.

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