In re Corbett
Mar
08
2010
Ruling
Debtor seeking to reopen no-asset case to list additional creditors required to file verified motion establishing cause.
Procedural posture
A debtor filed a motion to reopen her no-asset chapter 7 case pursuant to 11 U.S.C.S. § 350(b) so that she could list additional creditors that she inadvertently failed to list on her original schedule F.
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Court
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In re Meneses
Mar
03
2010
Ruling
Debtor could not reopen case to list previously undisclosed workplace injury action against employer that was dismissed.
Procedural posture
Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code. An order was entered granting the debtor his discharge, and the case was closed. The debtor moved to reopen the case under 11 U.S.C.S. § 350(b). An employer objected.
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Court
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In re Cotnoir
Feb
23
2010
Ruling
Court lacked power to vacate discharge after more than one year to allow debtor to enter into reaffirmation agreement.
Procedural posture
The debtors filed a motion to reopen their closed chapter 7 case, in order to enter into a reaffirmation agreement with a creditor mortgage lender nunc pro tunc to a date prior to the entry of the discharge.
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Court
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Shotkoski v. Fokkena (In re Shotkoski)
Nov
24
2009
Ruling
Debtors' motion for entry of final decree denied where discharge had not yet entered and estate was not fully administered.
Procedural posture
Chapter 11 debtors sought review of an order of the bankruptcy court for the District of South Dakota, which denied their motion for entry of a final decree pursuant to 11 U.S.C.S. § 350(a) and Fed. R. Bankr. P. 3022.
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Court
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Judge or Jurisdiction information not available
Mohorne v. Beal Bank
Nov
09
2009
Ruling
Bankruptcy court properly refused to reopen long closed case for determination of issues that could be raised in debtor's current case.
Procedural posture
Appellant property owner filed a quiet title action against appellee bank. Pursuant to the Rooker-Feldman doctrine, the district court granted summary judgment to the bank. The property owner filed a bankruptcy petition. The district court affirmed the bankruptcy court's denial of rehearing based on the Rooker-Feldman doctrine and collateral estoppel. The bankruptcy court denied the property owner's remaining motions. The property owner appealed.
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Court
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In re Johnson
Mar
04
2009
Ruling
Case where plan was substantially consummated could be closed to avoid quarterly fees.
Procedural posture
A debtor filed a motion to close his chapter 11 bankruptcy case, subject to being reopened after the plan payments had been completed so that a discharge could be entered. The United States Trustee (UST) that the case should have remained open until the plan payments were completed.
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Court
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Bishop v. Thomas Gamble (In re Bishop)
Feb
06
2009
Ruling
Non-parties in interest lacked standing to reopen debtor's dismissed bankruptcy.
Procedural posture
After his chapter 11 bankruptcy case was dismissed, debtor filed an action in the Circuit Court of Marshall County, Alabama, alleging that defendants, a construction company, an LLC, and two individuals converted property that belonged to a company the debtor owned. Defendants removed the case to the bankruptcy court and filed a motion to reopen the debtor's bankruptcy case.
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Court
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In re Lowery
Dec
31
2008
Ruling
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
Procedural posture
Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
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Court
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In re Reid
Oct
03
2008
Ruling
Bankruptcy case reopened to determine validity of release of tort claim.
Procedural posture
Following a chapter 7 discharge, an administrator of a decedent's estate sued the debtor in state court, seeking monetary damages for claims arising out of a pre-petition collision on the grounds that a release signed pursuant to a settlement agreement was unenforceable. Pursuant to 11 U.S.C.S. § 350(b), the debtor moved to reopen her bankruptcy case seeking to enforce the discharge injunction against the tort claim.
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Court
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In re Stein
Sep
17
2008
Ruling
Case reopened to determine debtor's rights in property which debtor recently learned was co- owned with deceased former spouse.
Procedural posture
After a bankruptcy debtor's case had been closed for eight years, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) to allow amendment of his schedules to list an interest in real property which the debtor co-owned with his deceased former spouse. The administrator of the spouse's estate opposed the motion.
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Court
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