In re Redmond
Dec
20
2007
Ruling
Debtor could not reopen case after four years to seek sanctions against mortgagee for misconduct in foreclosure action.
Procedural posture
A debtor had filed for relief under chapter 13, and the case had been closed. The debtor had attempted to reopen the case under 11 U.S.C. § 350(b) and after the court denied the motion, the motion was appealed to a district court. The district court remanded the matter with directions that full consideration be given to the factors for a motion to reopen.
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Court
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In re Maggard
Nov
13
2007
Ruling
Mortgagee that had been paid in full could not reopen debtor's case to allow removal of state insurance dispute to bankruptcy court.
Procedural posture
A bankruptcy debtor's case was closed and the debtor brought an action in state court against her former mortgagee, alleging that insurance proceeds received by the mortgagee due to a loss by fire of a residence on the debtor's property was property of the debtor. The mortgagee moved to reopen the debtor's bankruptcy case to allow removal of the case to the bankruptcy court.
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Court
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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
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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
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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
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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
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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 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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Court
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