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In re Sovik

In re Sovik

Ruling
Debtor could not reopen case to add uncertain potential claim against creditor.
Procedural posture

Following a chapter 7 debtor's discharge in his no-asset case, a creditor filed a state court action against him for conversion, fraud, and breach of fiduciary duty, and the debtor filed a federal labor lawsuit against the creditor in a Tennessee federal court. The debtor then requested a reopening of his case under 11 U.S.C.S. § 350(b) to amend the bankruptcy schedules, to add the creditor, and to add a newly-found potential asset.

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Consumer opinion summary, case decided on August 26, 2011 , LexisNexis #0911-072