Tsai

Tsai v. Tsui

Good Law
9 F. App'x 729
United States Court of Appeals for the Ninth CircuitMay 25, 2001No. 99-56202; BAP No. CC-98-01577-JPKCalifornia365 words

Opinion

Lead Opinion

MEMORANDUM **

Debtor Grace Tsai appeals the bankruptcy court’s order denying her motion to reopen her case under 11 U.S.C. § 350 (b), which states that “[a] case may be reopened in the court in which [it] was closed to administer assets, to accord relief to the debtor, or for other cause.” The court “may” reopen a case for any of the listed causes; it is not required to do so. “The court’s decision to reopen is entirely within its sound discretion, based upon the circumstances of each case.” In re Elias, 215 B.R. 600, 604 (9th Cir.BAP1997).

An appellant must therefore show the court abused its considerable discretion in denying the motion to reopen the case. Here, Appellant requested her case be reopened for a single reason: so that she could pursue an injunction against her creditors, the Appellees. Appellant argues that Appellees should be enjoined from pursuing a judgment they have secured against a third party, her sister, because Appellant was “discharged” by the bankruptcy court.

True, Appellant’s discharge protects her from collections actions. When a debtor is “discharged” under the Bankruptcy Code, the discharge “operates as a permanent injunction against any attempt…

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