Bankr. No.:
01-50181
Chapter:
7
Date of Decision:
January 28, 2004
Issue:
(1) Whether case should be reopened at Debtor’s request so the Bankruptcy Court could review a foreclosure and a forcible entry and detainer action pending in state court? (2) Whether case should be reopened at Debtor’s request so she could seek a hardship discharge of her student loans?
Ruling:
(1) Debtor’s motion to reopen her bankruptcy case was denied because the Bankruptcy Court did not have jurisdiction over the state foreclosure action on her mobile home or on the forcible entry and detainer action so long as the foreclosing creditor was not trying to enforce a deficiency claim. (2) Debtor’s motion was also denied because the main bankruptcy case did not need to be reopened in order for Debtor to file a hardship dischargeability complaint regarding her student loans.
Full Bankruptcy Court Decision:
