Case Summary:
In 2018, the Court entered an order denying Debtor’s discharge in connection with an adversary proceeding brought by the United States Trustee. Debtor’s case was closed in 2020. Five years later, Debtor sought to reopen his case to stay a scheduled sheriff’s sale of his home, and moved to do so on an expedited basis. Debtor alleged that recently revealed perjury and malfeasance of a business associate exonerated the Debtor and entitled him to relief from the order denying his discharge. The Court denied his motion. The alleged perjury of Debtor’s business associate was covered at trial and addressed in the Court’s decision denying Debtor’s discharge. No new facts or evidence were sufficiently introduced to warrant reopening Debtor’s case, let alone vacating the decision denying his discharge. Further, Debtor’s stated reason for reopening his case was simply for the benefit of the automatic stay to halt the scheduled sheriff’s sale of his home.
In 2018, the Court entered an order denying Debtor’s discharge in connection with an adversary proceeding brought by the United States Trustee. Debtor’s case was closed in 2020. Five years later, Debtor sought to reopen his case to stay a scheduled sheriff’s sale of his home, and moved to do so on an expedited basis. Debtor alleged that recently revealed perjury and malfeasance of a business associate exonerated the Debtor and entitled him to relief from the order denying his discharge. The Court denied his motion. The alleged perjury of Debtor’s business associate was covered at trial and addressed in the Court’s decision denying Debtor’s discharge. No new facts or evidence were sufficiently introduced to warrant reopening Debtor’s case, let alone vacating the decision denying his discharge. Further, Debtor’s stated reason for reopening his case was simply for the benefit of the automatic stay to halt the scheduled sheriff’s sale of his home.
Statute/Rule References:
11 U.S.C. § 350(b) -- Reopening
Fed. R. Bankr. P. 9006(c) -- Reduction of time
Fed. R. Bankr. P. 9024 -- Relief from a Judgment or Order
Fed. R. Civ. P. 60 – Relief from a Judgment or Order
Key Terms:
Motion to Reopen
Motion for Relief from a Judgment or Order
Motion to Expedite
Denial of Discharge
Date:
Thursday, August 28, 2025