In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. Boodrow

There are two respects in which my analysis diverges from that of my colleagues. First and most fundamentally, I believe that the most basic jurisprudential principles teach that the case now before us is not only moot but — somewhat astonishingly — was moot even before the Bankruptcy Court rendered its decision. Second, if that problem were not present, so that we were in a position to reach the merits, I believe that the unambiguous language of Section 521(2) renders it inappropriate for this Court to fashion a “reinstatement” remedy for debtors in Boo-drow’s position. Hence I am…