Legal Opinion

Bowen v. Franks (In Re Bowen)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 10, 1989No. BAP No. CC-87-1717 JVMo, Bankruptcy No. SB 86-03811 DNPublishedCited by 22 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

The Debtors appeal from an order denying their motion to reopen their case pursuant to 11 U.S.C. § 350(b) to add an omitted creditor to the schedules. We REVERSE.

FACTS

On July 10, 1986, the Debtors, Jeffrey and Debra Bowen, filed a petition for relief under Chapter 7 of the Bankruptcy Code. Creditor Fred R. Franks (“Franks”) was omitted from the list of creditors. There were no assets in the Debtors’ estate for distribution. The Debtors received a discharge on November 19, 1986 and the case was closed on March 20, 1987.

On March 20, 1987, Franks filed a complaint…

2Cases cited4 opinions

  1. Hughes Alonzo Robinson v. Tommy C. Mann, TrusteeCourt of Appeals for the Fifth Circuit · 1964
  2. Laczko v. Gentran, Inc. (In Re Laczko)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  3. In Re IannaconeUnited States Bankruptcy Court, D. Massachusetts · 1982
  4. Aldrich v. Imbrogno (In Re Aldrich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983

3Cited by22 opinions

  1. Patronite v. Beeney (In Re Beeney)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  2. Haga v. National Union Fire Insurance (In Re Haga)United States Bankruptcy Court, W.D. Texas · 1991
  3. In Re DavidUnited States Bankruptcy Court, E.D. Michigan · 1989
  4. Corsale v. Pantry Pride Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Spilka v. Bosse (In Re Bosse)United States Bankruptcy Court, C.D. California · 1990

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