In re Roberts
Apr
01
2013
Ruling
Case reopened for determination of whether creditor violated discharge injunction.
Procedural posture
Pro se debtor filed a motion to reopen her closed chapter 7 case, pursuant to 11 U.S.C.S. § 350(b).
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Court
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In re Narcisse
Mar
29
2013
Ruling
Debtor with severe brain trauma could not reopen case so that trustee could pursue related undisclosed personal injury claim against city.
Procedural posture
A bankruptcy debtor asserted a personal injury claim against a city alleging that a city police vehicle struck the debtor and caused severe brain trauma, and the city eventually discovered that the personal injury action was not disclosed in the debtor's bankruptcy case before the case was closed. The debtor moved to reopen the bankruptcy case to allow a bankruptcy trustee to pursue the action.
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Court
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In re James
Feb
15
2013
Ruling
Chapter 13 case reopened to allow debtor to amend schedules to include counterclaim in state court suit brought by creditor.
Procedural posture
Chapter 13 debtor filed a motion to reopen her chapter 13 case pursuant to 11 U.S.C.S. § 350(b).
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Court
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In re Rotunda
Feb
05
2013
Ruling
Motion to vacate granting of motion to reopen debtor's case to permit a trustee to be appointed to investigate pursuing a cause of action denied.
Procedural posture
A state court defendant to a cause of action pursued by a chapter 7 debtor sought to vacate an order that reopened the debtor's case to permit a trustee to be appointed to investigate pursuing the cause of action. The state court defendant alleged that it should have been allowed to oppose the debtor's motion to reopen and that judicial estoppel barred the debtor from obtaining an order reopening his case.
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Court
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In re Mishoe-Hooper
Oct
29
2012
Ruling
Debtor could not reopen case properly dismissed for failure to make plan payments.
Procedural posture
This matter was before the court on debtor's motion to reopen her chapter 13 case pursuant to 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 9024 et seq., to which the trustee objected. A hearing was held.
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Court
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In re Erickson
Jul
19
2012
Ruling
Creditor could not reopen case to file untimely nondischargeablility proceeding.
Procedural posture
This matter was before the court to consider correspondence received from a creditor attempting to initiate an adversary proceeding and asking that debtor's bankruptcy case be reopened. A hearing was held.
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Court
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In re Collum
Jul
17
2012
Ruling
Debtor could reopen case to file certificate of completion of financial management course in order to receive discharge.
Procedural posture
Chapter 7 debtor filed a motion and an amended motion to reopen her closed case and waive the fee to reopen the case.
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Court
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In re Cutright
May
30
2012
Ruling
Purchaser of property in which debtor held only one-half interest could not reopen case to obtain leave to sue trustee in state court over sale.
Procedural posture
A putative purchaser of a bankruptcy debtor's real property asserted that the bankruptcy debtor breached a contract to sell the property by failing to disclose that the debtor held only a half interest in the property and that the trustee was unable to sell the property free and clear of other interests as required by the contract. The purchaser moved to reopen the debtor's case and for leave to sue the trustee in state court.
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Court
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Smyth v. Edamerica Inc. (In re Smyth)
May
15
2012
Ruling
Bankruptcy court properly refused to reopen case to pursue violation of discharge injunction where student loan debt in question was not discharged in an adversary proceeding.
Procedural posture
Appellant debtor sought review of an order from the U. S. Bankruptcy Court for the Middle District of Tennessee, which found that her student loans had not been discharged in her chapter 7 case and which denied her motion to reopen her case pursuant to 11 U.S.C.S. § 350(b) to pursue an alleged violation of the discharge injunction by appellee student loan creditors. A creditor moved for fees and costs pursuant to Fed. R. Bankr. P. 8020.
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Court
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Judge or Jurisdiction information not available
In re Cooper
May
08
2012
Ruling
Debtor could reopen case to file certificate of completion of financial management course but not to add creditor.
Procedural posture
A chapter 7 debtor filed a motion pursuant to 11 U.S.C.S. § 350(b) to reopen his case on the grounds that (1) the case was closed without discharge because he had not filed Official Form 23 confirming that he participated in a post-petition financial management education class as required by 11 U.S.C.S. § 727(a)(11) and Fed. R. Bankr. P. 1007(b)(7); and (2) because he wanted to amend his bankruptcy schedules to add a pre-petition creditor.
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Court
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