8 Cited authorities

Segal v. Rochelle
382 U.S. 375 (1966) Cited 741 times 1 Legal Analyses
Holding that whether property is included in an estate depends on whether it “is sufficiently rooted in the pre-bankruptcy past and so little entangled with the bankrupts' ability to make an unencumbered fresh start”
Redmond v. Fifth Third Bank
624 F.3d 793 (7th Cir. 2010) Cited 74 times
Holding bankruptcy courts have "broad discretion" regarding motions to reopen
In re Antonious
373 B.R. 400 (Bankr. E.D. Pa. 2007) Cited 29 times
No. 05-18809BIF. August 7, 2007. Mark Blank, Jr., Paoli, PA, for Debtors. MEMORANDUM BRUCE FOX, Bankruptcy Judge. The former chapter 7 debtors, Dennis and Peggy Ann Antonious, have filed a motion to reopen their closed chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 350(b), solely in order to "accord relief to the co-Debtor, Peggy Ann Antonious." See Motion, Introductory Paragraph. Mrs. Antonious contends that creditors Bryon and Mayolia Stevens have taken actions that violate the discharge injunction
In re Bellano
456 B.R. 220 (Bankr. E.D. Pa. 2011) Cited 17 times
Denying motion to reopen for purposes of filing a reaffirmation agreement because reaffirmation agreements made post-discharge are unenforceable under § 524(c)
In re Smith
Case No. 14-32433 (Bankr. N.D. Ohio May. 28, 2015) Cited 3 times
Case No. 14-32433 05-28-2015 In Re: Marliene Frances Smith, Debtor(s). JUDGE MARY ANN WHIPPLE Chapter 7 ORDER DENYING MOTION TO REOPEN The court held a hearing on May 21, 2015, on Debtor's Motion to Reopen Chapter 7 Case for the Purpose of Filing Reaffirmation Agreements [Doc. # 16]("Motion"). Debtor and counsel representing her in connection with the Motion appeared at the hearing in person. Debtor filed her Chapter 7 case on July 1, 2014. She received a Chapter 7 discharge. [Doc. # 12]. The Clerk
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,703 times 209 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 350 - Closing and reopening cases
11 U.S.C. § 350 Cited 1,810 times 3 Legal Analyses
Providing that “ case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.”
Rule 807 - Residual Exception
Fed. R. Evid. 807 Cited 1,551 times 11 Legal Analyses
Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule

Charles Eppolito, Jr and Elaine A Eppolito

8 Cited authorities

Holding that whether property is included in an estate depends on whether it “is sufficiently rooted in the pre-bankruptcy past and so little entangled with the bankrupts' ability to make an unencumbered fresh start”

Holding bankruptcy courts have "broad discretion" regarding motions to reopen

Denying motion to reopen for purposes of filing a reaffirmation agreement because reaffirmation agreements made post-discharge are unenforceable under § 524(c)

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Providing that “ case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.”

Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule