Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...
From the Editor’s Desk – Two Issues: Reopening Cases and Fair Debt Collection Practices Act
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By The Honorable William Houston Brown (Retired)
Reopening Cases
Appeal of denial of reopening dismissed for lack of standing. After completion of the plan and discharge, individuals moved to reopen the case for the purposes of vacating discharge and filing dischargeability complaint, and the motion was denied. Those individuals failed to demonstrate that they had a pecuniary interest or were “persons aggrieved,” and they lacked standing to appeal the denial. Allen v. Joseph (In re Hawkins), ___ B.R. ____, 2013 WL 6729887 (D. Del. Dec. 20, 2013). See also Finley . . .
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