Now Updating
In re: JERSEY CITY COMMUNITY HOUSING CORP

Summarizing by Amir Shachmurove

In re Kiriazis

Citation:
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Tag(s):
Ruling:
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and Agreed Order- and the bankruptcy court held that a motion to reopen is not a proper procedural vehicle for relief when the appropriate course of action would have been for the creditor to timely appeal one or both of the two prior orders.
Procedural context:
Chapter 13 case was reopened for litigation regarding the creditor's violation of the discharge injunction. After the bankruptcy court issued the two orders referenced herein, the Chapter 13 case was then closed. The creditor then filed a motion to reopen the Chapter 13 case and filed a motion to set aside the prior orders which found the discharge violation and provided relief. The bankruptcy court denied the motion to reopen which was filed 125 and 46 days, respectively, after entry of the prior two orders. The BAP found no grounds for relief under Fed. R. Bankr. P. 9023 or 9024 due to the delay in seeking review.
Facts:
Debtors filed a motion to reopen their Chapter 13 bankruptcy case to address the creditor's violation of the discharge injunction. At a show cause hearing after the case was reopened, the creditor's counsel admitted to a knowing and willing violation of the discharge injunction according to the bankruptcy court. The court then entered an order finding the violation and a subsequent order granting relief. The Chapter 13 case was again closed. Apparently the creditor later regretted its course of action and sought a "redo" which was not acceptable to the bankruptcy court.
Judge(s):
Humphrey, Opperman, Wise

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