In re Judson
Opinion
Lead Opinion
Clarkson, J.
The Court has considered the Motion to Reopen filed by Debtors Kenneth and Carol Judson ("Debtors") on July 11, 2018 [Dk. 18] 1 (the "Motion"), as well as all other pleadings and papers filed on the docket. For the reasons set forth below, the Motion is DENIED without prejudice.
1. Brief Statement of Facts
Debtors filed their Chapter 7 case on May 4, 2012 and received a discharge on August 13, 2012. Dk. 15. Their case was closed on August 16, 2012. Dk. 17. Debtors now seek to reopen their case to file a reaffirmation agreement reaffirming their home mortgage debt, or, alternatively, obtain an order from this Court compelling Ocwen Loan Servicing, LLC ("Ocwen") to report all payments made to the credit bureau.
2. Legal Analysis
a. Reopening Closed Cases
Under 11 U.S.C. § 350 (b), "[a] case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause." Courts may deny a request to reopen a closed case when there it is not necessary to reopen the case or there no legal basis to grant the relief sought by the movant. See In re Cortez , 191 B.R. 174 , 179 (9th Cir. BAP 1995) ("The bankruptcy court did not abuse…