In re: Herman

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 13-1186
Decision Date: 
November 26, 2013
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed
Dist. Ct. did not abuse discretion in denying creditor’s motion to reopen Chapter 7 bankruptcy proceedings where Bankruptcy Ct. had issued discharge order with respect to debt owed to creditor, even though creditor argued that he was never given proper notice of instant bankruptcy proceeding. Record showed that creditor had been listed as creditor in bankruptcy schedule, and that notice of bankruptcy petition had been served on creditor’s attorney, who had recently represented creditor in series of lawsuits against debtor in attempt to collect on debt. As such, service on attorney constituted proper and timely notice that could be imputed to creditor. Moreover, instant request was untimely, where attorney notified creditor of existence of bankruptcy petition 24 days prior to entry of discharge order, and creditor waited 13 months after he learned of bankruptcy petition to file instant action.