Filed: Aug. 23, 2019
Latest Update: Aug. 23, 2019
Summary: NOT FOR PUBLICATION ORDER GRANTING DEBTOR'S MOTION TO REOPEN CHAPTER 7 BANKRUPTCY CASE ROBERT KWAN , Bankruptcy Judge . Pending before the court is the motion of Debtor Donna M Williams to reopen the Bankruptcy case on grounds that it was "dismissed" on the same day the Post-Petition Certificate of Debtor Education was received, that all other required schedules and documents were filed and that no opposition has been filed by any creditor. In the motion, Debtor makes the following reques
Summary: NOT FOR PUBLICATION ORDER GRANTING DEBTOR'S MOTION TO REOPEN CHAPTER 7 BANKRUPTCY CASE ROBERT KWAN , Bankruptcy Judge . Pending before the court is the motion of Debtor Donna M Williams to reopen the Bankruptcy case on grounds that it was "dismissed" on the same day the Post-Petition Certificate of Debtor Education was received, that all other required schedules and documents were filed and that no opposition has been filed by any creditor. In the motion, Debtor makes the following request..
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NOT FOR PUBLICATION
ORDER GRANTING DEBTOR'S MOTION TO REOPEN CHAPTER 7 BANKRUPTCY CASE
ROBERT KWAN, Bankruptcy Judge.
Pending before the court is the motion of Debtor Donna M Williams to reopen the Bankruptcy case on grounds that it was "dismissed" on the same day the Post-Petition Certificate of Debtor Education was received, that all other required schedules and documents were filed and that no opposition has been filed by any creditor. In the motion, Debtor makes the following request: "Please allow us to reinstate the bankruptcy so we can obtain the discharge." Debtor's original motion to reopen was filed on June 12, 2019, but without a proof of service. Debtor refiled and supplemented her motion to reopen on August 15, 2019 with a proof of service for the motion.
Having considered Debtor's motion to reopen and reviewing the case docket, the court notes that the case was never dismissed as Debtor thought, that it was only closed because Debtor had not filed her Personal Financial Management Course Certificate on time, that Debtor filed her Personal Financial Management Course Certificate after the court closed the case and that it appears that no opposition to the motion has been filed by any creditor because the proof of service of the motion filed on August 15, 2019 does not show that the motion was served on any creditor.
Because the motion shows cause to reopen the case because Debtor has now filed her Personal Financial Management Course Certificate in order to obtain her discharge, notice of her motion to reopen to the former Chapter 7 trustee and the United States Trustee as required by Local Bankruptcy Rule 5010-1(c) has been given by the court on June 12, 2019 and August 15, 2019 as shown on the Notice of Electronic Filing ("NEF") for the original motion and on the NEF for the refiled and supplemented motion, and no opposition has been filed by the former Chapter 7 trustee and the United States Trustee, the court grants the motion pursuant to 11 U.S.C. §350(b) and orders that this bankruptcy case be reopened and that a Chapter 7 trustee not be appointed (or reappointed) since the former Chapter 7 trustee had issued his report of no distribution on April 9, 2019 before the case was closed on April 23, 2019.
IT IS SO ORDERED.
