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In re Montgomery, Case No. 01-33567-7 (04/13/2016) (2016 WL 2941204) -- Judge Robert D. Martin

Case Summary:
Following the granting of his discharge, Debtor’s Chapter 7 case was closed by the Court on September 20, 2001. On September 25, 2015, Debtor moved to reopen his case. In the period leading up to the filing of the motion, the Debtor’s student loan creditors contacted the Debtor to collect on student loan debts which he incurred in 1987. Debtor moved to reopen his bankruptcy in order for the Court to either determine that the loans were dischargeable, based upon Debtor’s minority at the time he entered into the loan agreements, or that the collection charges sought by his creditors were unreasonable. Citing Judge Easterbrook’s observation in Pettibone v. Easley, 935 F.2d 120 (7thCir. 1991), that “[o]nly a belief that bankruptcy is forever could produce a case such as this,” the Court found no justification for reopening the Debtor’s 14-year-old bankruptcy case so that the Court could exercise jurisdiction. Accordingly, Debtor’s motion was denied.


Date: 
Wednesday, April 13, 2016