In Re Ricks
Opinion
Opinion
Malugen, J.
MEMORANDUM DECISION
RE: MOTION TO REOPEN CLOSED CASE AND AVOID LIEN
Charles A. Ricks (“Ricks”), the debtor in a closed Chapter 7 case, has moved the Court to reopen his case and to avoid the lien of ITT Financial Services, formerly known as Aetna Finance Company (“Aet-na”), on his household furniture. Aetna opposes this motion, claiming that the debt- or should not be permitted to reopen his case after his discharge because Aetna has commenced a state court action to foreclose the lien which the debtor failed to avoid.
FACTS
Ricks filed his voluntary Chapter 7 on April 16, 1985. Aetna was scheduled as an unsecured creditor. The statement of intention filed in compliance with 11 U.S.C. § 521 indicated that Ricks had no secured consumer debts. The debtor claimed all household goods and furniture as exempt, which exemption was allowed.
The Declaration of Harold D. Thompson, attorney for Ricks, states that on June 4, 1985, Thompson received a phone call from an Aetna representative who said he had not received the Chapter 7 bankruptcy notice. Thompson provided the filing date and case number. On August 19,1985, the debtor’s discharge was entered. On October 24, 1985, Thompson…