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Opinion 232

Case Name: 

In re Raines

Judge: 
Judge Clark
Date: 
Jul-8-1987
Case Number(s): 
84C-1879
Status: 

UNPUBLISHED

Body: 

Prior to filing their chapter 7 bankruptcy petition, debtors purchased a mobile home under a sales contract that was immediately assigned to a third party. Debtors made payments on the mobile home for two years, then surrendered it to the assignee. Assignee was listed as an unsecured creditor, with a potential disputed claim for a deficiency, in debtors' schedules. The assignment of the sales contract contained a recourse provision, under which, the sales contract was reassigned to the mobile home seller. Debtors were neither notified nor aware of the reassignment, and seller was not listed as a creditor in their schedules. Debtors' case was administered as a no asset case, and debtors were discharged. Seller later sued debtors in state court on the sales contract, obtained a default judgment, and began collection efforts. Debtors filed a motion to reopen their bankruptcy case in order to add seller as a creditor, and an order reopening the case was entered. Seller objected to reopening, but continued its collection efforts prior to the hearing on that objection, without obtaining relief from the bankruptcy stay. The court determined that the case had been properly reopened under 11 U.S.C. § 350(b) and Bankruptcy Rule 5010, although it would have preferred that seller be given notice of the motion to reopen prior to entry of the order reopening the case. Noting that the decision to reopen is within the bankruptcy court's discretion, the court noted that debtors are generally allowed to amend their schedules to list a previously unknown or inadvertently omitted creditor, as long as the creditor is not unjustifiably prejudiced and there is no evidence of fraud, intentional laches, or reckless disregard for the accuracy of the schedules on debtor's part. Seller's objection was denied.

Internal Ref: 
Opinion 232
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