In re Sovik
Aug
26
2011
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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Court
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Smith v. Silverman (In re Smith)
May
20
2011
Ruling
Bankruptcy court properly denied debtors' motion to reopen to pursue meritless proceeding against trustee.
Procedural posture
Appellants, a debtor, his wife, and his sister, sought to reopen the debtor's Chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against appellees, a Chapter 7 trustee and a bondholder. A bankruptcy court denied appellants' motion to reopen and dismissed appellants' complaint. The U.S. District Court for the Eastern District of New York affirmed the orders. Appellants filed an appeal from the district court's orders.
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Court
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Judge or Jurisdiction information not available
In re Christensen
Feb
18
2011
Ruling
Debtor could not reopen no asset case to add unscheduled creditors whose claims were already effectively discharged.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court entered an order discharging debts the debtor owed. Two years after he received a discharge, the debtor filed a motion for an order under 11 U.S.C.S. § 350(b) which allowed him to reopen his case so he could amend his schedules by adding as creditors, two people who obtained a default judgment against him. The creditors opposed the motion.
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Court
:
In re Imler
Jan
24
2011
Ruling
Motion to reopen case five years after it was closed denied.
Procedural posture
The debtors filed a motion to reopen their Chapter 13 bankruptcy case pursuant to 11 U.S.C.S. § 350(b) nearly five years after their case was closed. A trustee objected to the motion.
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Court
:
In re Felheimer
Oct
13
2010
Ruling
Creditor who was allegedly misled by debtor into not asserting rights in bankruptcy could not reopen case to have debt declared nondischargeable.
Procedural posture
A creditor filed a motion to reopen a Chapter 7 debtor's closed bankruptcy case under 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 5010. She sought to reopen the bankruptcy case to file an adversary proceeding to seek a declaration of nondischargeability of her debt under 11 U.S.C.S. § 523(a)(2), (4), and to seek revocation of his discharge under 11 U.S.C.S. § 727(d).
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Court
:
In re Gould
Sep
30
2010
Ruling
Payment of outstanding quarterly fees is not prerequisite to closing of fully administered case.
Procedural posture
Debtor filed a motion for a final decree to which the U.S. Trustee (UST) objected.
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Court
:
Mid-City Bank v. Skyline Woods Homeowners Assoc. (In re Skyline Woods Country Club LLC)
Jun
17
2010
Ruling
Bankruptcy court properly refused to reopen case to allow adversary proceeding on matter that was res judicata, having been fully adjudicated in state court.
Procedural posture
Appellants, purchasers of a chapter 11 debtor's assets and a bank that financed the purchase, challenged an order from the U.S. Bankruptcy Court for the District of Nebraska, which denied their motion to reopen the debtor's bankruptcy case under 11 U.S.C.S. § 350(b) for the purpose of initiating an adversary proceeding to enforce the bankruptcy court sale order and to enjoin appellee homeowners from enforcing certain state court orders.
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Court
:
Judge or Jurisdiction information not available
In re Brooks
Apr
27
2010
Ruling
Debtor could reopen case in order to schedule legal malpractice action for possible abandonment by trustee.
Procedural posture
The chapter 7 debtors filed a motion pursuant to 11 U.S.C.S. § 350(b) to reopen their closed case so that they could file an amended schedule of assets listing a legal malpractice claim against the attorneys who represented them in their bankruptcy case, so that the trustee could then abandon that claim, thereby freeing them to prosecute it in state court for their own benefit. The former attorneys opposed the motion.
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Court
:
In re Tillett
Apr
26
2010
Ruling
Creditor who did not receive notice of bankruptcy at its mailing address could not be sanctioned for violating stay.
Procedural posture
A chapter 7 debtor filed a motion to reopen her closed case pursuant to 11 U.S.C.S. § 350(b) in order to bring an action against a creditor for violation of the automatic stay by obtaining a default judgment and issuing garnishment process against the debtor's wages after the filing of the bankruptcy petition.
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Court
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In re Korman
Mar
08
2010
Ruling
On remand, motions to reopen to file nondischargeability complaint granted absent prejudice to debtor.
Procedural posture
On May 26, 2009, the bankruptcy court denied a creditor's motion to reopen debtor's case for the purpose of filing a nondischargeability complaint. On February 26, 2010, the District Court for the District of New Jersey issued an opinion on an appeal from the final order of the bankruptcy court dated May 26, 2009 (Remand Opinion). The district court vacated the May 26th order and remanded the case to the bankruptcy court.
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Court
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