unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured
or unsecured.” 11 U.S.C. §101(5)(West 2006). Section 101(10) defines a creditor as “an entity that
has a claim [or community claim] against the debtor that arose at the time of or before the order for
relief concerning the debtor.” 11 U.S.C. §101(10)(West 2006). Lastly, the term “community claim’
is defined as a “claim that arose before the commencement of the case concerning the debtor for
which property of the kind specified in §541(a)(2) of this title is liable whether or not there is any
such property at the time of the commencement of the case.” 11 U.S.C. §101(7)(West 2006). The
official comments to Section 101 of the Bankruptcy Code indicate that Congress intended the
concept of a claim to be given “the broadest possible definition. . . that all legal obligations of the
debt, no matter how remote or contingent, will be able to be dealt with in the bankruptcy case.”
There are at least two circumstances under which unsecured creditors are found to lack
standing under section 727(c). Some courts have denied a creditor standing when the automatic stay
had been modified to permit the creditor to pursue his claim in another court, and the creditor did
so and lost. See e.g. Stanley v. Valshing (In re Valshing), 829 F.2d 565 (5th Cir. 1987); Geisler v.
Pansegrau (In re Pansegrau), 180 B.R. 468, 476 (Bankr. N.D. Tex. 1995). At least one court has
deemed a creditor to lack standing when the creditor purchased claims against the debtor and then
objected to discharge purely as harassment. See, e.g. Young v. Beugen (In re Beugen), 99 B.R. 961,
965 (9th Cir. BAP 1989), aff’d without op., 930 F.2d. 26 (9th Cir 1991). These circumstances appear
to be present here and will be discussed below.
Kentor also asserts that the fact that Dr. Thompson scheduled a claim attributable to him
constitutes an admission that he has a contingent (albeit disputed) claim in some unliquidated
amount. Dr. Thompson did list Kentor as a creditor on her petition for a disputed amount of $1.00.
Listing a creditor in the schedules can constitute prima facie evidence of a party’s interest in the case,