9 9 The Court is careful to caution that its finding that further inquiry by a chapter 7 trustee is warranted does not equate to a determination that the Settlement Funds are in fact property of the estate. Case 12-12083-mdc Doc 45 Filed 05/19/20 Entered 05/20/20 08:15:57 Desc Main Document Page 8 of 9 9 IV. CONCLUSION The Court will exercise its discretion under §350(b) to reopen the Debtors’ Chapter 7 bankruptcy case and direct the U.S. Trustee to appoint a chapter 7 trustee for the purpose of conducting an inquiry as to whether the Settlement Proceeds constitute property of the Debtors’ bankruptcy estate. Dated: May 19, 2020 MAGDELINE D. COLEMAN CHIEF U.S. BANKRUPTCY JUDGE Matthew R. Nahrgang, Esquire 35 Evansburg Road Collegeville, PA 19426 Alexander G. Tuttle, Esquire Tuttle Legal 2303 N. Broad Street, Suite 2 Colmar, PA 18915 Lynn E. Feldman, Esquire Feldman Law Office PC 221 N. Cedar Crest Boulevard Allentown, PA 18104 Kevin P. Callahan, Esquire United States Trustee Custom House 200 Chestnut Street, Suite 502 Philadelphia, PA 19106-2912 Case 12-12083-mdc Doc 45 Filed 05/19/20 Entered 05/20/20 08:15:57 Desc Main Document Page 9 of 9

Section 350(b) of the Bankruptcy Code provides that a case may be “re-opened in the court in which such case was closed to administer assets, to accord relief to the debtors, or for other cause.” 11 U.S.C. § 350(b). WHEREFORE, the U.S. Trustee respectfully requests that the Court enter an order re- opening the present case, authorizing and directing the U.S. Trustee to appoint a trustee, and deferring the payment of the re-opening fee at this time or until otherwise directed by the Court.

Section 350(b) of the Bankruptcy Code provides that a case may be “re-opened in the court in which such case was closed to administer assets, to accord relief to the debtors, or for other cause.” 11 U.S.C. § 350(b). WHEREFORE, the U.S. Trustee respectfully requests that the Court enter an order re- opening the present case, authorizing and directing the U.S. Trustee to appoint a trustee, and deferring the payment of the re-opening fee at this time or until otherwise directed by the Court.

The Bankruptcy Code provides that “[a] 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.” 11 U.S.C. §350(b). Whether to reopen a closed bankruptcy case is committed to the discretion of the bankruptcy court.

No distributions have been made pursuant to that plan, and it cannot be argued that the plan has been “substantially consummated” given that the fundamental contingency to consummation is the resolution of this litigation. See 11 U.S.C. § 350(b) (chapter 11 case may be reopened for “cause”); Fed. R. Bankr. P. 5010 (case may be reopened on motion of debtor or any other party in interest). Even if the case were not reopened, the FDIC-Receiver would be entitled to a priority recovery pursuant to BancGroup’s plan of liquidation in accordance with 11 U.S.C. § 507(a)(9), which would have the same result.

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re MARIO ALVARADO and TERESA ALVARADO, Debtor. ) ) ) ) ) ) Case No. 10-01208 (Chapter 11) Not for publication in West’s Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE DEBTORS’ MOTION TO REOPEN CASE On March 30, 2016, the court entered an Order Granting Motion for Final Decree (Dkt. No. 255) which stated that it is ORDERED that if the debtors seek to obtain a discharge under 11 U.S.C. § 1141(d)(5), they must file a motion to reopen the case under 11 U.S.C. § 350(b) and give notice to all parties in interest. The debtors have now filed a Motion to Reopen Chapter 11 Case and Request for Fee Waiver (Dkt. No. 259), in which they request that their case be opened so that they can obtain a discharge.

A bankruptcy court has the power to reopen the bankruptcy to administer previously unadministered assets and the bankruptcy trustee retains capacity [*19] to bring suit." 11 U.S.C. §§ 323(b), 350(b). Section 108(a) of the Bankruptcy Code provides, in pertinent part: (a) If applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor may commence an action, and such period has not expired before the date of the filing of the petition, the trustee may commence such action only before the later of— (1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or (2) two years after the order for relief.

Only when the Bankruptcy Court enters a final decree closing the bankruptcy proceeding will Northfield’s legal and economic existence cease. See, Bankruptcy Rule 3022 (After case is fully administered, the court shall enter a final decree closing the case); 11 U.S.C. §350(a) (After an estate is fully administered and the court has discharged the trustee, the court shall close the case). Convenience of Witnesses/Access to Evidence: This factor supports transfer.