Unpublished Dispositionin Re Susan G. Madden, Debtor.susan G. Madden, Debtor, Plaintiff-appellant, v. Nbd Mortgage Company, et al., Defendants-appellees, 897 F.2d 529 (6th Cir. 1990)

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US Court of Appeals for the Sixth Circuit - 897 F.2d 529 (6th Cir. 1990) March 9, 1990

Before BOYCE F. MARTIN, Jr. and BOGGS, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.


Plaintiff Madden moves for counsel and for in forma pauperis status on appeal from the district court's order affirming the decision of the bankruptcy court. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon consideration, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

The bankruptcy court closed Madden's bankruptcy case. Subsequently, Madden moved to reopen the case because of an alleged conflict of interest by the trustee and because of allegedly illegal eviction and foreclosure actions on Madden's property. The bankruptcy court refused to reopen, and the district court affirmed the bankruptcy court's decision.

The general rule is that the reopening of a closed bankruptcy case is a discretionary matter; the standard of review is abuse of discretion. 11 U.S.C. § 350(b) (1988); Hawkins v. Landmark Finance Co., 727 F.2d 324, 326-27 (4th Cir. 1984). An abuse of discretion exists only where there is a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors. In re Bendectin Litigation, 857 F.2d 290, 307 (6th Cir. 1988), cert. denied, 109 S. Ct. 788 (1989). Upon review of the record, we hold that the bankruptcy court did not abuse its discretion when it denied the motion to reopen. Therefore, we will affirm the order of the district court.

The motions for counsel and for in forma pauperis status are denied. The order of the district court is affirmed under Rule 9(b) (5), Rules of the Sixth Circuit, because the issues are not substantial and do not require oral argument.