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In re Carol Engen

Summarizing by Bradley Pearce

David Schum v. Fortress Value Recovery Fund I, et

Case Type:
Business
Case Status:
Affirmed
Citation:
20-10016 (5th Circuit, May 18,2020) Not Published
Tag(s):
Ruling:
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and frivolous conduct without explanation for the delay. The district court thus properly enjoined the appellant from further filings relating to the bankruptcy cases.
Procedural context:
The appellant filed a motion to reopen a bankruptcy case due to alleged fraud, bad faith, and fraud on the court. The bankruptcy court denied the motion as unfounded and as untimely. The appellant appealed to the district court which affirmed, and enjoined the appellant from further filings regarding the bankruptcy case.
Facts:
Appellant was a stockholder of Renaissance Radio, Inc. (RRI), a company that held several radio stations and related licenses. RRI entered bankruptcy proceedings, which resulted in its assets being transferred to another company that subsequently entered bankruptcy. In late December 2018, Appellant filed a motion in bankruptcy court to reopen the RRI bankruptcy proceedings due to alleged fraud, bad faith, and fraud on the court. The motion was based on facts that the Appellant "discovered" six years before.
Judge(s):
DAVIS, SMITH, and HIGGINSON

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