John Thymes and Shirley Thymes

Good Law
United States Bankruptcy Court, Central District of CaliforniaNovember 25, 20202:88-bk-10553California3,961 words

Opinion

Trial Court Opinion

I. Background

Debtors filed a voluntary Chapter 7 petition on May 17, 1988 (the “Chapter 7 Case”). The Chapter 7 Case was dismissed on July 18, 1989 (the “Dismissal Order”). The official record of the Chapter 7 Case has been destroyed. On October 5, 2015, the Court denied the Debtors’ motion for relief from the Dismissal Order (the “Motion for Relief”).4 On February 1, 2016, the Court denied a motion for reconsideration filed by the Debtors that essentially restated the arguments made in the Motion for Relief (the “First Motion for Reconsideration”).5 The Debtors appealed the denials of the Motion for Relief and First Motion for Reconsideration to the Bankruptcy Appellate Panel (the “BAP”). On November 9, 2016, the BAP affirmed the Bankruptcy Court’s refusal to vacate the Dismissal Order and to reinstate the Chapter 7 Case.6 The Debtors appealed the BAP’s affirmance of the Bankruptcy Court’s orders to the Ninth Circuit Court of Appeals. On January 11, 2017, the Ninth Circuit dismissed the appeal based on the Debtors’ failure to pay docketing and filing fees.7 On December 13, 2019, the Court issued a memorandum of decision (the “Dec. 2019 Memorandum”)8 (attached as Exhibit A and…

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