Case Summary:
The court denied creditor’s motion for relief from the stay, together with motion to temporarily revoke the debtors’ discharge.  Creditor sought to enter a judgment in state court in connection with a tort claim.  However, the debtors’ discharge precluded the entry of any judgment against the debtors personally.  Further, the court did not have the authority to temporarily revoke the debtors’ discharge.  Under the sixty-day period contemplated by Fed. R. Bankr. P. 4004(a) and 4007(c), the court shall “forthwith” grant the debtors’ discharge.  Despite creditor’s belief that issuance of discharge was “unfair,” debtors were entitled to discharge in the absence of any objection to discharge or waiver by the debtors.

Statue/Rule References:
Fed. R. Bankr. P. 4004(a) -- Time for Filing Objection to Discharge
Fed. R. Bankr. P. 4007(c) -- Time for Filing Nondischargeability Complaint

Key Terms:
Discharge