In re Parson
Nov
06
2007
Ruling
Trustee's abandonment of debtors' home was irrevocable.
Procedural posture
A creditor of discharged chapter 7 debtors filed a motion pursuant to 11 U.S.C. § 350(b) to reopen the debtors' chapter 7 case.
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Court
:
- 11 U.S.C.
In re Buker
Oct
26
2007
Ruling
Bankruptcy court lacked jurisdiction to enforce settlement of action for violation of discharge injunction.
Procedural posture
After debtor won a discharge in a chapter 7 bankruptcy and the case was closed, debtor filed a claim against defendant creditor which claimed that it had violated the discharge injunction. The case was reopened but the parties settled the claim before an adversary complaint could be filed. Debtor then moved again to reopen the case pursuant to 11 U.S.C. § 350 to enforce the ensuing settlement agreement, which motion was opposed by the creditor.
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Court
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In re Sloan
Oct
17
2007
Ruling
Trustee could reopen case and withdraw report of distribution in order to administer preoviously undisclosed employment discrimination action.
Procedural posture
After a trustee was notified of a debtor's pending employment discrimination action, he filed a motion to reopen the debtor's bankruptcy case under 11 U.S.C. § 350(b) and to withdraw the report of distribution. The debtor had not disclosed the action in his bankruptcy schedules or any other filings; thus, the trustee was unaware of the asset and did not administer it before the court granted the debtor his discharge and closed the case.
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Court
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In re Schmidt
May
31
2007
Ruling
Motion to reopen denied on grounds of futility and lack of relief available to debtors.
Procedural posture
Pursuant to 11 U.S.C. § 350(b), debtors, a married couple appearing pro se, asked the court to reopen their chapter 13 bankruptcy case. Two creditors, being a mortgage servicer and the assignee of the note and mortgage on debtors'residence, opposed the motion on the ground that debtors had failed to identify grounds sufficient to justify the same. The chapter 13 trustee also filed an objection thereto.
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Court
:
In re Bourage
May
22
2007
Ruling
Debtor could not reopen case to file Official Form 23.
Procedural posture
Debtor filed a Motion for Order to Reopen Case to Allow for the Filing of the Financial Management Course Certificate, for Approval of Reaffirmation.
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Court
:
- 11 U.S.C.
In re Quarles
Jan
18
2007
Ruling
Defendants in debtor's medical malpractice action lacked standing to appeal reopening of case to amend schedules and include claim.
Procedural posture
On motion of appellee trustee, a debtor was allowed to reopen her bankruptcy case to amend her schedules to include an omitted medical malpractice action against appellants, underlying defendants. Appellants were not notified of the motion and moved to vacate the order allowing the case to be reopened. The motion was denied. Appellants challenged the bankruptcy court's denial. A magistrate recommended denying their appeal. Appellants objected.
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Court
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In re OORC Leasing LLC
Jan
16
2007
Ruling
Bankruptcy court refused to reopen chapter 11 case to allow creditor to seek conversion to chapter 7.
Procedural posture
A creditor filed a motion to reopen the debtor's closed chapter 11 case, pursuant to 11 U.S.C. § 350(b), so that it could seek conversion to chapter 7.
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Court
:
In re Hackney
Jan
12
2007
Ruling
Debtor could not reopen chapter 11 case that had been dismissed rather than closed.
Procedural posture
Debtor filed a motion to reopen his chapter 11 case pursuant to 11 U.S.C. § 350(b). Creditor, debtor's ex-wife, filed an objection.
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Court
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In re Lee
Oct
30
2006
Ruling
Debtors could not reopen case to file amended versions of deficient reaffirmation agreements.
Procedural posture
Debtors moved to reopen, pursuant to 11 U.S.C. § 350(b), their discharged chapter 7 bankruptcy case to file two amended reaffirmation agreements to replace similar agreements that had been found to be defective and unenforceable, under 11 U.S.C. § 524. Debtors were attempting to refinance their real property and payoff the existing debts on their home and car.
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Court
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In re Xpedior Inc.
Oct
23
2006
Ruling
Surplus funds remaining after 100% distribution to creditors ordered distributed to charitable organizations.
Procedural posture
The trustee of the creditor trust, a trust established in the debtors'chapter 11 bankruptcy cases, applied for entry of a final order and decree closing the chapter 11 cases pursuant to 11 U.S.C. § 350(a), Fed. R. Bankr. P. 3022 and Bankr. N.D. Ill. R. 3022-1. With no plan obligations remaining, there remained a surplus against which the debtors and the former stockholders had no rights, nor did any creditors or other parties in interest.
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Court
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