Wilma Pennington-Thurman v. Federal Home Loan Mortgage, No. 20-1993 (8th Cir. 2021)

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Court Description: [Per Curiam - Before Colloton, Melloy, and Grasz, Circuit Judges] Civil case - Bankruptcy. The bankruptcy court did not abuse its discretion by denying debtor's motion to reopen her bankruptcy case.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1993 ___________________________ In re: Wilma M. Pennington-Thurman, lllllllllllllllllllllDebtor. -----------------------------Wilma M. Pennington-Thurman, lllllllllllllllllllllAppellant, v. Federal Home Loan Mortgage Corporation; Millsap & Singer, LLC; Bank of America, N.A., lllllllllllllllllllllAppellees, Office of U.S. Trustee, lllllllllllllllllllllU.S. Trustee. ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: February 5, 2021 Filed: February 10, 2021 [Unpublished] ____________ Before COLLOTON, MELLOY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Wilma Pennington-Thurman appeals the district court’s1 order affirming the bankruptcy court’s order denying her motion to reopen her bankruptcy case. We conclude that the bankruptcy court did not abuse its discretion. The adversary case that Pennington-Thurman sought to pursue addressed previously litigated issues or otherwise lacked merit, so reopening would have been futile. See Apex Oil Co. v. Sparks (In re Apex Oil Co.), 406 F.3d 538, 541 (8th Cir. 2005); Mid-City Bank v. Skyline Woods Homeowners Ass’n (In re Skyline Woods Country Club, LLC), 431 B.R. 830, 837-38 (B.A.P. 8th Cir. 2010); Realan Inv. Partners, LLLP v. Meininger (In re Land Res., LLC), 505 B.R. 571, 582 (M.D. Fla. 2014). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. -2-

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