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In re Roberts (Case No. 10-51861) 04/01/2013

Pro se debtor filed a motion to reopen her bankruptcy case.  The court construed the motion as a motion to reopen to determine if a bank’s post-discharge actions involving a deed and trustee’s sale had violated the discharge injunction.  The court determined that in the event that the bank did not currently hold and  did not hold a perfected secured claim at the time of the discharge, any action taken by them to collect on a debt discharged under the debtor’s bankruptcy would potentially be a violation of the discharge injunction.  Therefore, the court found that cause existed to grant the debtor’s motion to reopen her bankruptcy case to determine if the bank’s actions had violated the discharge injunction.

Date: 
Tuesday, April 1, 2014
Category: 
Chapter 7 Issues
Discharge Injunction
Reopening/Reinstatement
Chapter: 
7