In Re Gilbert G. BEEZLEY, Debtor. Gilbert G. BEEZLEY, Appellant, v. CALIFORNIA LAND TITLE COMPANY, Appellee

concurring:

The simple question with which we are presented — whether the bankruptcy court abused its discretion by denying the debtor’s motion to reopen — requires, in my view, more than a simple answer. I write separately to address certain matters that the per curiam opinion does not discuss, but which are squarely presented on the record before us and implicate important principles of bankruptcy law.

I

Beezley filed for bankruptcy under Chapter 7 on June 10, 1987. Because he had no assets available for distribution to his creditors in bankruptcy, no bar date was set by the court establishing a deadline for creditors to file proofs of claim.

Three years earlier, California Land Title Co. (“Cal Land”) had obtained a default judgment against Beezley in California state court arising out of a 1979 transaction in which Beezley was the seller and Cal Land the title insurer of certain real property. Beezley made no mention of Cal Land’s claim or of its judgment against him in any of his schedules. Consequently, Cal Land did not receive notice of Beezley’s bankruptcy. Beezley received his discharge on November 6, 1987, and his case was thereafter closed.

In January 1990, Beezley…

Debtor Gilbert G. Beezley appeals the decision of the Ninth Circuit BAP, affirming the bankruptcy court’s denial of his motion to reopen his bankruptcy case under 11 U.S.C. § 350 (b). We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

Beezley argues that the bankruptcy court abused its discretion by failing to grant his motion to reopen his case. See In re Herzig, 96 B.R. 264, 266 (9th Cir. BAP 1989) (bankruptcy court’s refusal to reopen a closed case under 11 U.S.C. § 350 (b) reviewed for an abuse of discretion). We disagree. Based on the assumption that amendment was necessary to discharge the debt, Beezley sought to add an omitted debt to his schedules. Beezley’s, however, was a no asset, no bar date Chapter 7 case. After such a ease has been closed, dischargeability is unaffected by scheduling; amendment of Beezley’s schedules would thus have been a pointless exercise. See American Standard Ins. Co. v. Bakehorn, 147 B.R. 480, 483 (N.D.Ind.1992); In re Stecklow, 144 B.R. 314, 317 (Bankr.D.Md.1992); In re Tucker, 143 B.R. 330, 334 (Bankr.W.D.N.Y.1992); In re Peacock, 139 B.R. 421, 422 (Bankr.E.D.Mich.1992); In re Thibodeau, 136 B.R. 7, 10 (Bankr.D.Mass.1992);…

994 F.2d 1433 Bankr. L. Rep. P 75,277 In re Gilbert G. BEEZLEY, Debtor. Gilbert G. BEEZLEY, Appellant, v. CALIFORNIA LAND TITLE COMPANY, Appellee. No. 91-55809. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided June 4, 1993. Gilbert G. Beezley, pro se. Mark E. Rohatiner, Ellen L. Frank, Schneider, Goldberg, Rohatiner & Yuen, Beverly Hills, CA, for appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before O'SCANNLAIN and RYMER, Circuit Judges, and ZILLY, ** District Judge. PER CURIAM: 1 Debtor Gilbert G. Beezley appeals the decision of the Ninth Circuit BAP, affirming the bankruptcy court's denial of his motion to reopen his bankruptcy case under 11 U.S.C. § 350 (b). We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm. 2 Beezley argues that the bankruptcy court abused its discretion by failing to grant his motion to reopen his case. See In re Herzig, 96 B.R. 264, 266 (9th Cir. BAP 1989) (bankruptcy court's refusal to reopen a closed case under 11 U.S.C. § 350 (b) reviewed for an abuse of discretion). We disagree. Based on the assumption that amendment was necessary to discharge the debt, Beezley…