Legal Opinion
In re McHale
United States Bankruptcy Court, M.D. Florida
Decided March 9, 2018No. Case No. 6:10-bk-02527-KSJPublishedCited by 1 opinion
1Opinion of the Court
Karen S. Jennemann, United States Bankruptcy Judge
Christiana Trust1 seeks to reopen this long ago closed Chapter 7 bankruptcy case asking the Bankruptcy Court to do the impossible-to compel a dead man to surrender his home.2 Although bankruptcy courts admittedly have broad equitable powers, resurrection is not among their options. The motion to reopen is denied because no relief is possible or equitable.
Debtors filed this routine and uneventful Chapter 7 bankruptcy case over eight years ago on February 19, 2010.3 They received their discharge on July 1, 2010.4 In their Statement of…
2Cases cited23 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Marshall v. MarshallSupreme Court of the United States · 2006
- Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. PearceCourt of Appeals for the Eleventh Circuit · 1992
- In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
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3Cited by1 opinion
- Vito Badalamenti, JrUnited States Bankruptcy Court, M.D. Florida · 2021