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§ 350(a)

Terrace Hous. Assocs., Ltd., In re

Oct
25
2023
Ruling
Bankruptcy court lacked subject matter jurisdiction to reopen case dismissed for being filedon behalf of a corporate debtor by a non-attorney. (Bankr. E.D. Pa.)
Issue(s)
Closing and Reopening Cases; When to Close.

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Commercial opinion summary, case decided on October 25, 2023 , LexisNexis #1223-079
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Beavers, In re

Aug
24
2022
Ruling
Dismissal order was set aside as debtor had satisfied the primary ground for the court'sdismissal of her bankruptcy case by paying outstanding fees. (Bankr. D.S.C.)
Issue(s)
Closing and Reopening Cases; When to Close.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 24, 2022 , LexisNexis #1122-031
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In re Gill

Apr
16
2015
Ruling
Debtor could not reopen case to seek sanctions against lender for sending postdischarge informational foreclosure avoidance notice.
Issue(s)
Could debtor reopen here case to seek sanctions against a lender for violating the discharge injunction by sending an informational foreclosure notice?

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Consumer opinion summary, case decided on April 16, 2015 , LexisNexis #0515-038
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In re Kerley

Nov
04
2011
Ruling
Administrative closing of case to prevent accrual of quarterly fees denied.
Procedural posture

Chapter 11 individual debtors sought to have their cases, which contemplated payments to creditors over time from post-confirmation earnings, administratively closed for the purpose of avoiding the payment of quarterly fees to the Bankruptcy Administrator under 28 U.S.C.S. § 1930(a) as well as voiding further monthly operating reports.

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Consumer opinion summary, case decided on November 04, 2011 , LexisNexis #1211-004
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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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Consumer opinion summary, case decided on September 30, 2010 , LexisNexis #1110-035
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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 :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 24, 2009 , LexisNexis #1209-074
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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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Consumer opinion summary, case decided on March 04, 2009 , LexisNexis #0509-075
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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.

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Consumer opinion summary, case decided on May 20, 2008 , LexisNexis #1008-093
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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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opinion summary, case decided on October 23, 2006 , LexisNexis #1106-053
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