In re Rotunda
Feb
05
2013
Ruling
Motion to vacate granting of motion to reopen debtor's case to permit a trustee to be appointed to investigate pursuing a cause of action denied.
Procedural posture
A state court defendant to a cause of action pursued by a chapter 7 debtor sought to vacate an order that reopened the debtor's case to permit a trustee to be appointed to investigate pursuing the cause of action. The state court defendant alleged that it should have been allowed to oppose the debtor's motion to reopen and that judicial estoppel barred the debtor from obtaining an order reopening his case.
ABI Membership is required to access the full summary of In re Rotunda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Mull
Feb
05
2013
Ruling
Debtors could not reopen dismissed case that had not been closed.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and after the court entered an order dismissing their case because they had not complied with the court's order requiring them to filed an amended plan, the debtors filed a motion to reopen their case.
ABI Membership is required to access the full summary of In re Mull Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re QSI-Fostoria DC LLC
Dec
28
2012
Ruling
Motion to reopen case to force trustee to file time barred lawsuit for debtor's investors to use as leverage against creditor's fraudulent transfer suit denied.
Procedural posture
A debtor filed a motion to reopen his chapter 7 case pursuant to 11 U.S.C.S. § 350. A chapter 7 trustee and a judgment creditor filed objections to the motion.
ABI Membership is required to access the full summary of In re QSI-Fostoria DC LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Swiss Chalet Inc.
Nov
27
2012
Ruling
Pending proceedings prevented order closing case.
Procedural posture
Debtor, citing 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 3022, applied to the court for a final decree on claims that the plan had been substantially consummated, drawing objections from three parties in interest, including the U.S. trustee (UST). Debtor also moved to alter or amend per Fed. R. Civ. P. 59(e) to challenge the $10,000 monthly charges that one such party, a broker, sought as an administrative expense and raising related issues.
ABI Membership is required to access the full summary of In re Swiss Chalet Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Mishoe-Hooper
Oct
29
2012
Ruling
Debtor could not reopen case properly dismissed for failure to make plan payments.
Procedural posture
This matter was before the court on debtor's motion to reopen her chapter 13 case pursuant to 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 9024 et seq., to which the trustee objected. A hearing was held.
ABI Membership is required to access the full summary of In re Mishoe-Hooper Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Fletcher
Aug
01
2012
Ruling
Debtor could reopen case to file missing form and receive discharge but was not entitled to a refund of the filing fee.
Procedural posture
This case was closed without discharge because debtor did not file her Official Form 23, Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management. Subsequently, the court held a hearing on debtor's Motion to Reopen Bankruptcy Case and her Ex Parte Motion to Waive Filing Fee.
ABI Membership is required to access the full summary of In re Fletcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Erickson
Jul
19
2012
Ruling
Creditor could not reopen case to file untimely nondischargeablility proceeding.
Procedural posture
This matter was before the court to consider correspondence received from a creditor attempting to initiate an adversary proceeding and asking that debtor's bankruptcy case be reopened. A hearing was held.
ABI Membership is required to access the full summary of In re Erickson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Collum
Jul
17
2012
Ruling
Debtor could reopen case to file certificate of completion of financial management course in order to receive discharge.
Procedural posture
Chapter 7 debtor filed a motion and an amended motion to reopen her closed case and waive the fee to reopen the case.
ABI Membership is required to access the full summary of In re Collum Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Cutright
May
30
2012
Ruling
Purchaser of property in which debtor held only one-half interest could not reopen case to obtain leave to sue trustee in state court over sale.
Procedural posture
A putative purchaser of a bankruptcy debtor's real property asserted that the bankruptcy debtor breached a contract to sell the property by failing to disclose that the debtor held only a half interest in the property and that the trustee was unable to sell the property free and clear of other interests as required by the contract. The purchaser moved to reopen the debtor's case and for leave to sue the trustee in state court.
ABI Membership is required to access the full summary of In re Cutright Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Smyth v. Edamerica Inc. (In re Smyth)
May
15
2012
Ruling
Bankruptcy court properly refused to reopen case to pursue violation of discharge injunction where student loan debt in question was not discharged in an adversary proceeding.
Procedural posture
Appellant debtor sought review of an order from the U. S. Bankruptcy Court for the Middle District of Tennessee, which found that her student loans had not been discharged in her chapter 7 case and which denied her motion to reopen her case pursuant to 11 U.S.C.S. § 350(b) to pursue an alleged violation of the discharge injunction by appellee student loan creditors. A creditor moved for fees and costs pursuant to Fed. R. Bankr. P. 8020.
ABI Membership is required to access the full summary of Smyth v. Edamerica Inc. (In re Smyth) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available