Giddens v. Kreutzer (In Re Kreutzer)

OPINION AND ORDER

EAGAN, Chief Judge.

Now before the Court is the report and recommendation of Magistrate Judge Frank H. McCarthy (Dkt.# 14), to dismiss appellant’s appeal from the bankruptcy court, or in the alternative, to affirm the ruling of the bankruptcy court. Appellant contests the bankruptcy court’s decision to reopen appellees’ bankruptcy to include an omitted medical malpractice claim as an asset of the estate.

I

The parties do not dispute the facts of the case. On April 30, 2003, appellees Rebecca and Michael Kreutzer (“the Kreutzers”) filed a petition for relief under Chapter 7 of…