In re Redmond
Dec
20
2007
Ruling
Debtor could not reopen case after four years to seek sanctions against mortgagee for misconduct in foreclosure action.
Procedural posture
A debtor had filed for relief under chapter 13, and the case had been closed. The debtor had attempted to reopen the case under 11 U.S.C. § 350(b) and after the court denied the motion, the motion was appealed to a district court. The district court remanded the matter with directions that full consideration be given to the factors for a motion to reopen.
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Court
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