Khordehforosh v. Wright

Filing 11

ORDER dismissing 6 Motion for Reconsideration. Signed by Senior Judge Graham Mullen on 12/11/2017. (Pro se litigant served by US Mail.)(brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00628
MOHSEN KHORDEHFOROSH,
Appellant,
v.
A. COTTON WRIGHT.

Appellee.

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ORDER

THIS MATTER is before the Court upon Appellant’s pro se Motion for Reconsideration
of Notice of Appeal. (Doc. No. 6).
Moe’s Rx Clinic, Inc., filed for relief under Chapter 7 Bankruptcy and was appointed a
trustee. On October 16, 2017, the U.S. Bankruptcy Court granted the Trustee’s Emergency
Motion to Dismiss, finding that the drug inventory held by the Debtor could not be properly
handled or disposed of by the Trustee. Because there was no remaining asset value in the
corporation, the Bankruptcy Court dismissed the case.
Mohsen Khordehforosh, as a party with interest in Moe’s Rx Clinic, filed a Notice of
Appeal on October 26, 2017. This Court dismissed the Appeal, finding that the Bankruptcy
Court correctly dismissed the trustee from the case. Mr. Khordehforosh subsequently filed this
Motion for Reconsideration, asserting that he does not challenge the findings of the Bankruptcy
Court, but that he desires to be granted relief pursuant to Chapter 7 because of the lack of asset
value in the corporation.
Mr. Khordehforosh misunderstands the nature of the Bankruptcy Court’s decision. Only

individuals—not corporations—can receive a discharge of debt under a Chapter 7 Bankruptcy.
11 U.S.C. § 727(a)(1). Because the debtor in this case a corporation, Moe’s Rx Clinic, (and not
Mr. Khordehforosh individually) the Chapter 7 proceedings terminate when there is no
remaining asset value in the corporation to satisfy the debt. Thus, the Bankruptcy Court
correctly dismissed this case.
IT IS THEREFORE ORDERED that Appellant’s appeal is hereby DISMISSED.
Signed: December 11, 2017