Professional Membership
Bankruptcy | Case Law | Reopening Case
RE-OPENING CASE - Sec. 350(b)
In re Lopez, 283 B.R. 22 (9th Cir. B.A.P. 2002)
Cause of action not listed by debtor in her schedules that might have value justified
reopening of case, regardless of the fact that the time for revoking the debtor's discharge had past.
In re Staffer, 306 F.3d 967 (9th Cir. 2002)
Bankruptcy court erred in refusing to reopen closed case to allow unscheduled creditor
to file a complaint under § 523(a)(3).
In re Paine, 250 B.R. 99 (9th Cir. B.A.P. 2000)
Debtor has no standing to challenge order reopening case.
In re Abbott, 183 B.R. 198 (9th Cir. B.A.P. 1995)
A motion to reopen is simply a mechanical device which can be brought ex parte and
without notice. In re Daniels, 34 B.R. 782, 784 (9th Cir. B.A.P. 1983). It has no independent legal
significance and determines nothing with respect to the merits of the case. In re Germaine, 152
B.R. 619, 624 (9th Cir. B.A.P. 1993). The order denying the motion to set aside did not diminish
Earlene’s property, increase her burdens or detrimentally affect her rights. She was not a “person
aggrieved” by that order. The order left Earlene to defend the fraudulent transfer complaint. It did
not prevent here from asserting any claims or defenses. Earlene has no standing to appeal the
order reopening the case.
In re Cisneros, 994 F.2d 1462 (9th Cir. 1993)
It was not an abuse of discretion for a bankruptcy court to reopen a closed bankruptcy case
to vacate its order granting a discharge that was entered by virtue of a mistake of fact. Pursuant to
§ 350(b), the bankruptcy court had the discretion to reopen the case, which gave it legal authority
to vacate the discharge order.
In re Beeney, 142 B.R. 360 (9th Cir. B.A.P. 1992)
Reopening of case unnecessary to name debtor in a suit to recover insurance proceeds
In re Ricks, 89 B.R. 73 (9th Cir. B.A.P. 1988)
Standard for reopening to avoid lien under § 522(f).
In re Daniels, 34 B.R. 782 (9th Cir. B.A.P. 1983)
Case may be reopened without notice or hearing.
In re Income Property Builders, Inc., 699 F.2d 963 (9th Cir. 1982)
Case cannot be reopened if it has been dismissed -- only if it has been closed. Motion to
vacate dismissal must be filed within one year.
265