Filed: Sep. 13, 2016
Latest Update: Sep. 13, 2016
Summary: ORDER DENYING CONSUMER PORTFOLIO SERVICES, INC.'S MOTION TO REOPEN BANKRUPTCY CASE THOMAS J. TUCKER , Bankruptcy Judge . On April 11, 2016, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this bankruptcy case. On July 19, 2016, the Court entered an order granting Debtor a discharge under 11 U.S.C. 727. On July 22, 2016, the bankruptcy case was closed. On August 24, 2016, Consumer Portfolio Services, Inc. filed a motion to reopen this case (Docket # 18, the "M
Summary: ORDER DENYING CONSUMER PORTFOLIO SERVICES, INC.'S MOTION TO REOPEN BANKRUPTCY CASE THOMAS J. TUCKER , Bankruptcy Judge . On April 11, 2016, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this bankruptcy case. On July 19, 2016, the Court entered an order granting Debtor a discharge under 11 U.S.C. 727. On July 22, 2016, the bankruptcy case was closed. On August 24, 2016, Consumer Portfolio Services, Inc. filed a motion to reopen this case (Docket # 18, the "Mo..
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ORDER DENYING CONSUMER PORTFOLIO SERVICES, INC.'S MOTION TO REOPEN BANKRUPTCY CASE
THOMAS J. TUCKER, Bankruptcy Judge.
On April 11, 2016, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this bankruptcy case. On July 19, 2016, the Court entered an order granting Debtor a discharge under 11 U.S.C. § 727. On July 22, 2016, the bankruptcy case was closed.
On August 24, 2016, Consumer Portfolio Services, Inc. filed a motion to reopen this case (Docket # 18, the "Motion"). The Motion seeks to reopen the case to permit the creditor to file a reaffirmation agreement. A copy of the reaffirmation agreement is attached to the Motion. On September 13, 2016, the creditor filed a Certificate of Non-Response, indicating that no one had filed an objection to the Motion.
Under 11 U.S.C. § 524(c)(1), a reaffirmation agreement is not enforceable unless it "was made before the granting of the discharge under section 727." The Reaffirmation Agreement at issue was not made until after the discharge order was entered on July 19, 2016, because the Reaffirmation Agreement shows on its face that Consumer Portfolio Services, Inc. did not sign it until August 23, 2016.1 So the proffered Reaffirmation Agreement is not enforceable.
The Court further notes that the deadline to file a reaffirmation agreement is established by Fed.R.Bankr.P. 4008(a) — the deadline is "no later than 60 days after the date first set for the meeting of creditors under § 341(a) of the Code." In this case, the deadline was July 18, 2016. Rule 4008(a) also provides that the Court may extend this deadline. But Fed.R.Bankr.P. 4004(c)(1)(J) contemplates that such a motion to extend can only be granted if the discharge has not yet been granted. See Fed.R.Bankr.P. 4004 advisory committee notes to 2008 Amendments ("Rule 4004(c)(1)(J) accommodates . . . an extension [of time for filing a reaffirmation agreement] by providing for a delay in the entry of discharge during the pendency of a motion to extend the time for filing a reaffirmation agreement."). No motion to extend the deadline for filing a reaffirmation agreement was filed in this case. Because the discharge was granted, on July 19, 2016, it is now too late for such a motion to extend.
For these reasons, no purpose would be served by reopening this bankruptcy case.
Accordingly,
IT IS ORDERED that the Motion (Docket # 18), is denied.
