Need To Reopen Your Case? Maybe Not, Says Texas Bankruptcy Lawyer Chuck Newton
October 3, 2008
A few days ago I posted about reopening your case to file a lawsuit for violating the discharge order. My friend and Texas colleague Chuck Newton filed the following in response:
Enjoyed your last post about reopening your bankruptcy to file a discharge injunction violation. We have stopped doing that, however. Mainly it started when some clerks would insist on payment for reopening the case and I am a skinflint. But, our opinion is that we do not need to do so in that the Court retains jurisdiction to enforce and rule upon its orders and injunctions.
Attached are some of the pleadings filed in a case in which a creditor filed a motion to dismiss our adversary as a result of the fact we did not reopen the bankruptcy case. We did file a motion to reopen as a precaution. The Court, as a result of ruling the Court had jurisdiction to hear the case regardless of the fact it was not reopened, denied the motion to reopen as moot because it was unnecessary for the Court to continue with this matter.
For those of you practicing law in Texas, take a look at Chuck’s documents. He’s a great guy and a terrific lawyer, so if you’re in Texas and need someone to bring a stay violation or discharge violation case I encourage you to drop him a line.
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