Harvey v. Flener

US District Court, WDKY Brief for Appellant

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WHILE IT HAS BEEN RULED THAT THE REOPENING OF A CASE IS WITHIN THE SOUND DISCRETION OF THE COURT,THE CURRENT PRINCIPAL APPLIED IN THE WESTERN DISTRICT OF KENTUCKY, PURSUANT TO IN RE HUNTER, 164 B.R. 738, (BANKR. W.D. KY. 1994) IS ERRONEOUS IN THAT IT PREVENTS THE COURT FROM USING DISCRETION BY DISALLOWING EVER OPENING A CASE FOR LIEN AVOIDANCE AND FURTHER ATTEMPTS TO CREATE A RULE FOR WHICH THERE IS NO BASIS IN THE BANKRUPTCY CODE OR RULES.

THE RULING IN IN RE HUNTER, 164 B.R. 738 WOULD DISALLOW A COURT FROM EVER USING THE DISCRETION TO REOPEN A CASE.

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Reference Info:Appellate Brief | Federal, 6th Circuit, Kentucky | United States


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