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1 2 3 4 5 6 7 8 UNITED STATES BANKRUPTCY COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 In Re: 12 13 14 15)) RONALD L. MILLS,) ) Debtor. ))))) Case No. 99-07826-A7 MEMORANDUM DECISION 16 I. 17 INTRODUCTION

22 The MUST says that the denial of discharge pursuant to 33 U.S.C. 1324(d)(3) would not prevent the filing of a claim for a discharge in 34 the future because such a proceeding would not involve the discharge of a 35 pending action in chapter 7 against the same person in another case. 36 Upon a showing that the discharge of this chapter 7 case would be a substantial abuse of 37 chapter seven and would serve no public interest, there are four exceptions 40 which the MUST says apply to the DOJ's decision to deny 51 the DOJ's request for a discharge. 52 In response to the claim that granting a discharge would be a substantial abuse 53 of the relief authorized by chapter 7, the MUST responds that the fact that a discharge 51 would serve no public interest is a matter 54 that cannot be determined by any one particular court. 55 In response to the claim that granting the DOJ's 51 motion would be a substantial abuse of 54 chapter 7 and would be unreasonably harsh to Mills' wife, the MUST 56 says that it cannot be determined whether there are circumstances 55 that would support the grant of release because the record here does not 57 fully reflect the various ways in which the DOJ is seeking 53 relief. 58 The response does not contain a statement to the effect that a release will be 60 granted upon a final decision by the District of Columbia 61 Court of Appeals upholding the denial of the DOJ's motion in a 62 case in which Mills sued a man in another jurisdiction and alleged that the debtor 53 was responsible for the man's actions. The response does include an 63 express allegation that the DOJ cannot obtain a discharge in any 64 chapter 7 case pending in the District of Columbia Circuit, 65 and that this refusal is not justifiable under chapter 7. In this case, however, the 63 DOJ has sought a discharge in the United States District 66 Courts of the Southern District of California and the United States 67 District Court for the Eastern District of Nevada, the only other 66 chapter 7 cases to have been filed in each venue.

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