- 11 U.S.C.
In re Shegog
Sep
11
2008
Ruling
Case reopened to allow administratrix of decedent's estate who did not receive proper notice to pursue insurance proceeds to satisfy medical malpractice claim.
Procedural posture
The administratrix of an estate sought to reopen a debtor's chapter 7 case under 11 U.S.C.S. § 350 to lift the automatic stay and to pursue applicable insurance proceeds under Va. Code Ann. § 38.2-2200 (2008). The debtor opposed, arguing laches and legal prejudice.
ABI Membership is required to access the full summary of In re Shegog Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hall
Jul
24
2008
Ruling
Debtors' delayed motion to reopen case to seek sanctions for allegedly improper motion for relief from stay denied.
Procedural posture
Debtors filed a motion to reopen their case in order to seek sanctions against creditor for filing an allegedly improper motion for relief from stay. The sanctions motion sought actual damages, including attorneys' fees and costs, emotional distress damages, treble damages pursuant to the South Carolina Unfair Trade Practices Act, and punitive damages.
ABI Membership is required to access the full summary of In re Hall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Raggie
Jul
01
2008
Ruling
Debtor could amend schedules in dismissed case to list personal injury cause of action.
Procedural posture
The debtor, whose case had been previously dismissed pursuant to 11 U.S.C.S. § 109(h)(1), moved to vacate the order of dismissal and to amend Schedule B and the Statement of Financial Affairs to list a negligence cause of action against third parties, pursuant to 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 1009(a).
ABI Membership is required to access the full summary of In re Raggie Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Shires
Jun
09
2008
Ruling
Reopening no-asset case to correct incorrect address or mistaken creditor omission not necessary.
Procedural posture
The debtors filed a motion, pursuant to 11 U.S.C.S. § 350(b), to reopen their closed bankruptcy cases to vacate the discharge and to allow them to amend their schedules to insure that a creditor had received notice of the bankruptcy cases.
ABI Membership is required to access the full summary of In re Shires Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jackson
May
20
2008
Ruling
Motion to close case denied where debtor owed payments to trustee for purchase of estate property.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a final report, asking the court to approve a distribution to creditors and to authorize a closing of the case. There were no objections to the final report filed by the creditors.
ABI Membership is required to access the full summary of In re Jackson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Schick
Mar
19
2008
Ruling
Court refused to reopen case to administer undisclosed asset due to debtor's failure to file schedules while case was open.
Procedural posture
The individual debtor in this involuntary chapter 11 case moved to reopen it and compel his former trustee to administer a heretofore undisclosed asset, or else, abandon it.
ABI Membership is required to access the full summary of In re Schick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Meany
Mar
07
2008
Ruling
Case dismissed for debtor's failure to complete required financial management course reopened on grounds of excusable neglect and lack of prejudice to creditors.
Procedural posture
Debtor filed a pro se voluntary petition for relief under chapter 11 of the Bankruptcy Code in July 2007. The case was converted to one under chapter 7, but it was closed without entry of a discharge order because the debtor had not completed a course in personal financial management within the time prescribed by Fed. R. Bankr. P. 1007. The debtor filed a motion to reopen his case, and a creditor filed an objection to that motion.
ABI Membership is required to access the full summary of In re Meany Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cole v. Household Fin. (In re Cole)
Feb
07
2008
Ruling
Debtor could not reopen case that had been dismissed more than one year earlier absent extraordinary circumstances.
Procedural posture
Plaintiff debtor filed a motion, pursuant to 11 U.S.C.S. § 350, to reopen a chapter 13 bankruptcy case she filed in 2000, and she filed an adversary proceeding against defendants, a finance company and others, claiming that they violated the automatic stay when they filed a foreclosure action on a house her husband owned one hour after she declared bankruptcy.
ABI Membership is required to access the full summary of Cole v. Household Fin. (In re Cole) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of In re Redmond Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Maggard
Nov
13
2007
Ruling
Mortgagee that had been paid in full could not reopen debtor's case to allow removal of state insurance dispute to bankruptcy court.
Procedural posture
A bankruptcy debtor's case was closed and the debtor brought an action in state court against her former mortgagee, alleging that insurance proceeds received by the mortgagee due to a loss by fire of a residence on the debtor's property was property of the debtor. The mortgagee moved to reopen the debtor's bankruptcy case to allow removal of the case to the bankruptcy court.
ABI Membership is required to access the full summary of In re Maggard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: