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§ 350

In re Delfino

Sep
28
2006
Ruling
Debtor could not reopen case after seven years to add creditors due to lack of good faith.
Procedural posture

The debtor's filed a motion for reconsideration of the court's order that denied the debtor's motion to reopen his case for the purpose of amending or adding creditors. The debtor also filed a motion to enforce the discharge or in the alternative to show cause as to why the creditor should not be held in contempt.

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opinion summary, case decided on September 28, 2006 , LexisNexis #1106-114
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In re Thompson

Aug
17
2006
Ruling
Creditors could reopen case to allow claim based on post-discharge entry of civil judgment.
Procedural posture

Creditors filed a motion to allow claim of creditors following their filing of a report of the proceedings in a civil action indicating that a judgment had been entered against the debtor and that the jury had determined that the debtor's actions were intentional.

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opinion summary, case decided on August 17, 2006 , LexisNexis #0906-015
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In re Premier Ben. Capital Trust

Aug
15
2006
Ruling
Motion by third party to repoen thirteen year-old case to file interpleader proceeding denied.
Procedural posture

Movant sought to reopen a chapter 11 case pursuant to 11 U.S.C. § 350(b) and filed an application to proceed in forma pauperis.

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opinion summary, case decided on August 15, 2006 , LexisNexis #1106-021
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In re Burns

Aug
09
2006
Ruling
Debtor could not repopen case to contest allowance of claim based on evidence discovered, but not disclosed, while case was open.
Procedural posture

Chapter 11 debtor filed a motion to reopen his bankruptcy case and to reconsider the allowance of a claim.

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opinion summary, case decided on August 09, 2006 , LexisNexis #1006-007
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In re Miller

Aug
07
2006
Ruling
Trustee could reopen case in order to prosecute case against objecting defendant.
Procedural posture

Movant sought to have the court vacate its order allowing a chapter 7 trustee to reopen a bankruptcy case in order to prosecute a lawsuit against movant.

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opinion summary, case decided on August 07, 2006 , LexisNexis #0906-016
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In re Hartley

Jun
27
2006
Ruling
No asset case reopened to allow debtors to add creditors and ownership interest in tools that would add value to the estate.
Procedural posture

The debtors filed a motion to reopen their chapter 7 bankruptcy case to add two creditors who had filed an action against one debtor and his corporation in the state court. The debtors also sought to obtain a declaratory judgment that any prepetition claim the creditors had against the debtor was discharged and to amend Schedule B to add tools inadvertently omitted from Schedule B.

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opinion summary, case decided on June 27, 2006 , LexisNexis #0906-077
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In re De La Rosa

Apr
05
2006
Ruling
Bankruptcy court refused to reopen case after five years to allow debtor to list omitted judgment creditor due to prejudice to creditor.
Procedural posture

A debtor filed a motion to re-open his bankruptcy case to add an omitted creditor, pursuant to 11 U.S.C. § 350.

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opinion summary, case decided on April 05, 2006 , LexisNexis #1106-020
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In re Vaske

Mar
20
2006
Ruling
Court denied the creditor's motion for relief from the court's order to reopen a case since the property at issue was exempt under state law and the creditor had not made any prior effort to recover the property.
Procedural posture

The debtors obtained an order reopening their case under chapter 7. The debtors filed a motion to avoid nonpurchase money, nonpossessory liens held by the creditors, for machinery and equipment that the debtors claimed were used in their farming operation. One of the creditors objected to the reopening of the proceeding.

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opinion summary, case decided on March 20, 2006 , LexisNexis #0406-045
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