Central District Consumer Bankruptcy Attorney's Association

The permanent injunction only works on discharged debts. Some debts are excepted from discharge under various code sections for various reasons.ause the Trustee's duty is to the unsecured creditors, to seize and sell non exempt assets and distribute the proceeds.
Maybe the trustee discovered an asset wasn't listed in the petition & schedules. A prepetition asset does not revest in the debtor upon discharge when the debtor failed to list the asset, the asset always stays in the BK estate.
You don't say what the trustee's reason is in asking the court to reopen the case
administer assets or for some other cause.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, September 25, 2013 8:52 PM
Subject: Re: [cdcbaa] Statute of Limitations on Closed Chapter 7 Case
Jason, That seems logical. I am hoping someone knows the citation.

The post was migrated from Yahoo.

Jason, That seems logical. I am hoping someone knows the citation.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, September 25, 2013 6:29 PM
Subject: Re: [cdcbaa] Statute of Limitations on Closed Chapter 7 Case
Don't forget that the discharge imposes a "permanent" injunction on commencement or continuation of claims. So if the automatic stay tolls the SOL, so should the 524 injunction. I have no citation for that proposition however.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel:(310) 821-9000
Direct:(310) 775-8725
Fax:(310) 775-8775
Email:jwallach@gladstonemichel.com
www.gladstonemichel.com
On Sep 25, 2013, at 6:24 PM, Bert Briones wrote:
>
>
>Fact pattern:
>Chapter 7
debtor received discharge in August 2009. Now the trustee seeks to reopen case
pursuant to Sec 350(b) and FRBP 5010.
>Issue is that
if the Statute of Limitations (SOL) on the claims is not tolled following
Discharge and Case Closing, then there is no creditor body. So the question
becomes does the SOL continue to toll following the Discharge?
>It is certain
that the SOL tolled during the case, but what about after the case was closed?
>
>

The post was migrated from Yahoo.

charsetndows-1252
Don't forget that the discharge imposes a "permanent" injunction on commencement or continuation of claims. So if the automatic stay tolls the SOL, so should the 524 injunction. I have no citation for that proposition however.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
On Sep 25, 2013, at 6:24 PM, Bert Briones wrote:
>
> Fact pattern:
> Chapter 7 debtor received discharge in August 2009. Now the trustee seeks to reopen case pursuant to Sec 350(b) and FRBP 5010.
> Issue is that if the Statute of Limitations (SOL) on the claims is not tolled following Discharge and Case Closing, then there is no creditor body. So the question becomes does the SOL continue to toll following the Discharge?
> It is certain that the SOL tolled during the case, but what about after the case was closed?
>
>
charsetndows-1252
Don't forget that the discharge imposes a "permanent" injunction on commencement or continuation of claims. So if the automatic stay tolls the SOL, so should the 524 injunction. I have no citation for that proposition however.Jason
-- JASON WALLACH, ESQ.Gladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292-7925Tel: (310) 821-9000Direct: (310) 775-8725Fax: (310) 775-8775Email: jwallach@ gladstonemichel.comwww. gladstonemichel.com
On Sep 25, 2013, at 6:24 PM, Bert Briones wrote:


The post was migrated from Yahoo.

Fact pattern:
Chapter 7
debtor received discharge in August 2009. Now the trustee seeks to reopen case
pursuant to Sec 350(b) and FRBP 5010.
Issue is that
if the Statute of Limitations (SOL) on the claims is not tolled following
Discharge and Case Closing, then there is no creditor body. So the question
becomes does the SOL continue to toll following the Discharge?
It is certain
that the SOL tolled during the case, but what about after the case was closed?

The post was migrated from Yahoo.