In re Jones
Apr
30
2012
Ruling
Deceased debtor's counsel could not reopen case to seek to enforce discharge injunction against malpractice action by debtor's probate estates.
Procedural posture
Bankruptcy debtors were deceased and their bankruptcy case was closed, and the debtors' former counsel sought to preclude the debtors' probate estates from pursuing a malpractice action against counsel based on the debtors' discharge. Counsel moved to reopen the debtors' case to enforce the discharge injunction.
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Court
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In re HBLS LP
Apr
17
2012
Ruling
Motion to reopen case seeking bankruptcy court intervention in dispute between non-debtor entities denied.
Procedural posture
Movant, an individual who was involved in litigation over the sale of stock to a business that declared chapter 11 bankruptcy, filed a motion to reopen the business's bankruptcy case pursuant to 11 U.S.C.S. §§ 350(b) and 105(a), Fed. R. Bankr. P. 5010, Bankr. S.D.N.Y. R. 5010-1.
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Court
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Rodney v. Arias (In re Arias)
Mar
16
2012
Ruling
Motion to reopen to add claim for lease payments vacated in light of equitable concerns and questions regarding original omissions from schedules.
Procedural posture
The debtor previously filed a chapter 7 case and received a discharge. Later, the debtor moved to reopen his case under 11 U.S.C.S. § 350(b) to add plaintiff creditors' claim for lease payments, which the court allowed. Here, plaintiff creditors objected to discharge based on their contention that the debt was post-petition, and both parties filed cross-motions for summary judgment.
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Court
:
Diaz-Nieves v. Irizarry (In re Irizarry)
Feb
17
2012
Ruling
Former spouse who did not timely object to discharge or dischargeability of debts could not reopen debtor's case to seek revocation of discharge.
Procedural posture
Former spouse of debtor moved to reopen the debtor's bankruptcy case under 11 U.S.C.S. § 350(b), the spouse brought an adversary proceeding against the debtor seeking to revoke the debtor's discharge. The debtor moved to dismiss the spouse's complaint.
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Court
:
In re Canoe Mfg. Co.
Feb
01
2012
Ruling
Debtor's CEO's motion to reopen 1995 case to relitigate issues ruled on in state court denied.
Procedural posture
Movant, acting pro se, filed a motion, purportedly on behalf of the corporate debtor, to reopen a chapter 7 case that was closed in 1995. The motion under 11 U.S.C.S. § 350(b) was opposed by an attorney and his law firm, the likely defendants in an adversary proceeding if the case was reopened.
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Court
:
In re Burton
Nov
03
2011
Ruling
Debtor granted permission to open chapter 7 case to amend schedules to list personal injury action.
Procedural posture
Debtor filed a motion to reopen his chapter 7 case pursuant to 11 U.S.C.S. § 350(b) and to amend his schedules pursuant to Fed. R. Bankr. P. 9006(b)(1) in order to list a personal injury claim.
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Court
:
Wade v. Farmers Natl Bank
Sep
30
2011
Ruling
Bankruptcy court did not err in refusing to reopen debtor's chapter 11 case to enforce confirmation order after debtor defaulted.
Procedural posture
Debtor filed a motion in the U. S. Bankruptcy Court for the Western District of Kentucky to reopen his chapter 11 case in order to challenge state court decisions regarding his default on obligations under his chapter 11 plan. The bankruptcy court denied the motion. Appellant sought review.
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Court
:
In re Arana
Sep
22
2011
Ruling
Debtor could reopen case to list previously unscheduled cause of action against hospital due to lack of bad faith.
Procedural posture
Debtors filed a petition under Chapter 7 of the Bankruptcy Code on October 15, 2005, and received a discharge on April 20, 2006. Nearly five years later, they filed a motion seeking an order under 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 5010 which allowed them to reopen their case so they could add a medical malpractice action they filed against a hospital three weeks before they declared bankruptcy. The hospital opposed the debtors' motion.
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Court
:
In re Sovik
Aug
26
2011
Ruling
Debtor could not reopen case to add uncertain potential claim against creditor.
Procedural posture
Following a chapter 7 debtor's discharge in his no-asset case, a creditor filed a state court action against him for conversion, fraud, and breach of fiduciary duty, and the debtor filed a federal labor lawsuit against the creditor in a Tennessee federal court. The debtor then requested a reopening of his case under 11 U.S.C.S. § 350(b) to amend the bankruptcy schedules, to add the creditor, and to add a newly-found potential asset.
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Court
:
Smith v. Silverman (In re Smith)
May
20
2011
Ruling
Bankruptcy court properly denied debtors' motion to reopen to pursue meritless proceeding against trustee.
Procedural posture
Appellants, a debtor, his wife, and his sister, sought to reopen the debtor's Chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against appellees, a Chapter 7 trustee and a bondholder. A bankruptcy court denied appellants' motion to reopen and dismissed appellants' complaint. The U.S. District Court for the Eastern District of New York affirmed the orders. Appellants filed an appeal from the district court's orders.
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Court
:
Judge or Jurisdiction information not available