Bowman v. Casamatta, No. 14-6034 (8th Cir. 2015)
Annotate this CaseDebtors filed a petition for relief under chapter 11 in 1999. Debtors proposed several plans of reorganization, but none were confirmed. On the Trustee's motion, the bankruptcy court dismissed Debtors' case in 2004. Debtors did not appeal and the case was closed on the bankruptcy clerk's docket in 2005. In 2014, Debtors moved to reopen their case "to pursue Confirmation of their current Plan[.]" The Trustee and Agrifinance objected, and, without first holding a hearing, the bankruptcy court entered a text order denying Debtors' motion. The Eighth Circuit affirmed. There is no requirement in 11 U.S.C. 350 that the court provide a hearing on a motion to reopen and nothing would have been gained by holding a hearing.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court did not abuse its discretion by denying debtors' motion to reopen where their case had been dismissed for cause before it was fully administered; no error in refusing to hold a hearing on the motion as there is no requirement in Section 350 that the court provide a hearing on a motion to reopen.
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