Central District Consumer Bankruptcy Attorney's Association

You need to reopen the case.  There just is no filing fee to reopen
for a 523 action.
On 9/5/2017 4:31 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa]
wrote:
>
>
> In re Menk says no need to reopen BK in order to file a 523 action
> . . .  is this correct?
>
> "The linchpin of our mootness analysis is that exercising
> jurisdiction pursuant to the "arising under" clause of 28 U.S.C. §
> 1334(b) to determine whether a debt is excepted from discharge
> does not require that the closed bankruptcy case first be reopened
> under 28 U.S.C. § 1334(a). Reopening is irrelevant to the
> bankruptcy court's jurisdiction to determine whether a debt is
> excepted from discharge. Hence, no effective relief could be
> fashioned if we were to reverse the reopening.
>
> Court said. . . .
>
> "We have repeatedly held that the reopening of a closed bankruptcy
> case is a ministerial act that functions primarily to enable the
> file to be managed by the clerk as an active matter and that, by
> itself, lacks independent legal significance and determines
> nothing with respect to the merits of the case. /E.g., DeVore v.
> Marshack (In re DeVore),/223 B.R 193
> , 198 (9th Cir. BAP
> 1998); /Abbott v. Daff (In re Abbott),/183 B.R. 198
> , 200 (9th Cir. BAP
> 1995); /United States v. Germaine (In re Germaine),/152 B.R. 619
> , 624 (9th Cir. BAP
> 1993)."
>
> SEE:
>
>
> IN RE MENK
>
> Email
> |
> Print
> |
> Comments (0)
>
> BAP No. SC-98-1816-KRyB. Bankruptcy No. 95-14067. Adversary No.
> 97-90319.
> --------------------------------------------------------------------
>
> * View Case
>
> * Cited Cases
>
> * Citing Case
>
>
> 241 B.R. 896 (1999)
>
> In re Wolfgang M. MENK, Debtor. Wolfgang M. Menk, Appellant, v.
> Michael J. Lapaglia and Temecula Ready Mix, Inc., Appellees.
>
> United States Bankruptcy Appellate Panel of the Ninth Circuit.
>
> Argued and Submitted May 20, 1999.
>
> Decided November 5, 1999.
>
>
> ​
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &​
> California State Bar​
> Certified Bankruptcy Specialist
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