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Opinion 527

Case Name: 

In re Christensen

Judge: 
Judge Thurman
Date: 
Mar-31-2009
Case Number(s): 
08-02223
Status: 

PUBLISHED

Body: 

The chapter 7 trustee sought to reopen the Debtors' case and revoke their discharge under 11 U.S.C. § 727(d)(2). Although the request appeared untimely under § 727(e)(2), the Trustee argued that the case was never properly closed pursuant to § 350, and even it was, there are proper basis for tolling the deadlines in § 727(e)92) because the Debtors had fraudulently concealed assets of the estate. The Court concluded that the case was properly closed pursuant to § 350(a), and equitable tolling did not apply to extend the deadlines in § 727(e). Therefore, the Trustee's claims under §727(d)(2) were time barred, and the request to revoke the Debtors' discharge was denied.

Internal Ref: 
Opinion 527
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