Legal Opinion

In Re Carter

United States Bankruptcy Court, S.D. Georgia

Decided January 18, 2001No. 14-50924PublishedCited by 13 opinions

1Opinion of the Court

ORDER

JOHN S. DALIS, Chief Judge.

By motion, Michael J. Carter and Rebecca Carter (“Debtors”) seek to reopen their Chapter 13 case pursuant to 11 U.S.C. § 350(b) to amend their schedules to reflect a tort claim that arose almost three years post-confirmation. Because the tort claim was not property of the estate, the motion to reopen is denied as unnecessary.

Bankruptcy Code § 350(b) states in pertinent part: “A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.” 11 U.S.C. § 350(b) (1997).

The decision to…

2Cases cited5 opinions

  1. Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
  2. In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
  3. Johnson v. Trust Co. BankCourt of Appeals of Georgia · 1996
  4. Reagan v. LynchCourt of Appeals of Georgia · 1999
  5. Harper v. GMAC Mortgage Corp.Court of Appeals of Georgia · 2000

3Cited by13 opinions

  1. Foreman v. J. Walter Construction Co. (In Re Foreman)United States Bankruptcy Court, S.D. Georgia · 2007
  2. In Re HarveyUnited States Bankruptcy Court, S.D. Georgia · 2006
  3. In Re RossUnited States Bankruptcy Court, M.D. Georgia · 2001
  4. Martin v. Cash Express, Inc.Supreme Court of Alabama · 2010
  5. Morris E. Muse v. Accord Human ResourcesCourt of Appeals for the Eleventh Circuit · 2005

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