Menendez v. Montoya (In re Dollman)

Case Type:
Consumer
Case Status:
Reversed and Remanded
Citation:
BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published
Tag(s):
Ruling:
BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that FRBP 1009(a), which sets the date the case is closed as the specified period in which debtors must file amendments to their schedules, does not preclude amendments upon reopening of a case. FRBP 9006's "excusable neglect" standards were inapplicable to FRBP 1009(a). BAP remanded for bankruptcy court to consider whether debtors properly claimed exemptions through amended schedules.
Procedural context:
Debtors moved to reopen bankruptcies to amend schedules, including claiming exemption, in personal injury claims. Chapter 7 trustee objected. Bankruptcy court (D. NM) denied motion to amend schedules. Debtors appealed to BAP for 10th Circuit.
Facts:
Debtors filed bankruptcies under chapter 7 and failed to disclose personal injury claims as assets. After bankruptcies were closed, debtors commenced personal injury suits. Defendants moved to dismiss, asserting claims were property of bankruptcy estates. Debtors moved to reopen bankruptcies to schedule claims and claim exemptions in them. Chapter 7 trustee opposed exemption claims, arguing that debtors failed to demonstrate "excusable neglect" under FRBP 9006 for amendments.
Judge(s):
Michael, Romero, Somers

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