In re Judson

Good Law
586 B.R. 771
United States Bankruptcy Court, Central District of CaliforniaJuly 13, 2018Case No. 6:12-bk-21167-SCCalifornia1,606 words

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…

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