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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27201
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just saw a notice for someone elses adversary whom as we

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I just saw a notice for someone else's adversary whom as we are as well on the same BIg chapter 7 case , the defendent is filing chapt 7 and we are object to that and challege the chapt 7
we had our case finally in court end of march which we still waiting on the verdict
however, it seems someone after our case which was supposed to be april 9th, now is filing a motion at plano bankruptcy court (not sherman) for 100 motion to reopen chapter 7 case, what does it mean?
does it mean their adversary against the defendent was rejected after april 7th?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

An adversary case is a separate action from the bankruptcy petition, so a motion to reopen would be to reopen a previously filed chapter 7 - - it wouldn't necessarily have anything to do with the adversary case.

Even if the adversary case were dismissed, it wouldn't end the chapter 7 case. That would have to be done via separate proceeding.

Customer: replied 1 year ago.


I am a bit confused, bc these people on the reopen motion which filed at a local bankruptcy counrt was supposed to had the adv case in front of the assigned fed judge which is the same as ours back in april 9th just 2 weeks after ours.


under what ground can they also file for reopen of defendents' chapter 7 case?

Expert:  Roger replied 1 year ago.
A Chapter 7 bankruptcy case can be reopened after discharge and case closure under certain circumstances. Bankruptcy Code Section 350(b) authorizes the bankruptcy court to reopen a case for various reasons including to administer assets, to accord relief to the debtor, or for other good cause. Fed. R. Bankr. P. 5010 states: "A case may be reopened on motion of the debtor or other party in interest pursuant to §350(b) of the Code."

Ultimately, however, the decision to reopen is within the discretion of the court. In determining this, the bankruptcy court should exercise its equitable powers to determine whether justice requires the case to be reopened. So, the debtor would have to prove to the court that its in debtor's best interest to have the case reopened.
Customer: replied 1 year ago.

but does it not also mean their april 9th court hearing was denied then? otherwise would they not be in the same boat as us which is still waiting on the verdict from fed court hearing of our respected court date?


that is what I meant by under what ground.


I am wondering if they are also like us waiting on the verdict. can they at the same time request of a motion to reopen chapter 7 case against the defendent since defendent was the one filing chapt 7 that is why we are all object to that?


 

Expert:  Roger replied 1 year ago.
If a motion to reopen has been filed, then it would stand to reason that the bankruptcy case was dismissed - - otherwise, no one would be filing a motion to reopen.

They certainly may be trying to wait on the decision before going forward. However, it's only to the advantage of the debtor to file, so it has to be the party pushing the motion to reopen.
Customer: replied 1 year ago.


but their repopen hearing is next tuesday, it makes me think their adv aganinst the defendent in the first chapt 7 hearing was dismissed bc most of us are all filing against the def for 523 of similiar kinds.


what are the chances for their reopen to be approved, they would have to have new evidence right?


and how come they already have the verdict but we are still waiting even though our hearing was 10 days before them? and only thing so far we have hear is judge denied one of defendent's motion to dismiss our adversary.


still no real verdict is that a bad sign or?

Expert:  Roger replied 1 year ago.
Yes, that makes sense to me as well - - but the best way to find out what is going on is to review the docket and the documents that have been filed.

In order to reopen a case, the debtor must be able to prove that there's some NEW reason makes reopening the case a viable action. It just can't be because the debtor wants to - - there must be solid evidence to support reopening.

As for the chances to reopen, that depends on what reason the debtor gives the court - - the court is usually very willing to grant a motion to reopen IF there's good cause.

I wouldn't get too caught up over the timing of the other party's verdict in regard to your case. The cases don't have to be decided in the order they're heard, etc. It may be that your case was more complicated or called for more research to be conducted, etc. before a decision is rendered. It's not a bad sign that your case is taking longer.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27201
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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