Beezley v. California Land Title Co. (In re Beezley)

9th Cir.

Court: United States Court of Appeals for the Ninth Circuit

Citations: 994 F.2d 1433, 93 Daily Journal DAR 6956, 93 Cal. Daily Op. Serv. 4051, 1993 U.S. App. LEXIS 26666, 1993 WL 186662

Decision Date: 6/4/1993

Docket Number: No. 91-55809

Jurisdiction: U.S.

Bluebook Citation: Beezley v. California Land Title Co. (In re Beezley), 994 F.2d 1433, 93 Daily Journal DAR 6956, 93 Cal. Daily Op. Serv. 4051, 1993 U.S. App. LEXIS 26666, 1993 WL 186662 (9th Cir. 1993)

More Cases: 9th Cir. decisions from 1993


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Courts citing this case

9th Cir. BAP15
B.A.P. 9th Cir.12
9th Cir.7
Bankr. E.D. Cal.6
Bankr. C.D. Cal.5
Bankr. D. Idaho5
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Cites 4 statutes
  • Closing and reopening cases
  • Exceptions to discharge
  • Discharge
  • Appeals
Cites 8 cases
  • In re Hunter
  • In re Thibodeau
  • Peacock v. State Farm Mutual Automobile Insurance (In re Peacock)
  • American Credit Services, Inc. v. Tucker (In re Tucker)
  • In re Stecklow
  • American Standard Insurance Co. of Wisconsin v. Bakehorn
  • Kozman v. Herzig (In re Herzig)
  • In re Mendiola

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Opinion

In re Gilbert G. BEEZLEY, Debtor. Gilbert G. BEEZLEY, Appellant, v. CALIFORNIA LAND TITLE COMPANY, Appellee.

Judges

  • Before O’SCANNLAIN and RYMER, Circuit Judges, and ZILLY, District Judge.

Attorneys

  • Gilbert G. Beezley, pro se.
  • Mark E. Rohatiner, Ellen L. Frank, Schneider, Goldberg, Rohatiner & Yuen, Beverly Hills, CA, for appellee. •
majority PER CURIAM:

Debtor Gilbert G. Beezley appeals the decision of the Ninth Circuit BAP, affirming the bankruptcy court’s denial of his motion to reopen his bankruptcy case under 11 U.S.C. § 350(b). We have jurisdiction pursuant to 28 U.S.C. § 158(d), and we affirm.

Beezley argues that the bankruptcy court abused its discretion by failing to grant his motion to reopen his case. See In re Herzig, 96 B.R. 264, 266 (9th Cir. BAP 1989) (bankruptcy court’s refusal to reopen a closed case under 11 U.S.C. § 350(b) reviewed for an abuse of discretion). We disagree. Based on the assumption that amendment was necessary to discharge the debt, Beezley sought to add an omitted debt to his schedules. Beezley’s, however, was a no asset, no bar date Chapter 7 case. After such a case has been closed, dischargeability is unaffected by scheduling; amendment of Beezley’s schedules would thus have been a pointless exercise. See American Standard Ins. Co. v. Bakehorn, 147 B.R. 480, 483 (N.D.Ind.1992); In re Stecklow, 144 B.R. 314, 317 (Bankr.D.Md.1992); In re Tucker, 143 B.R. 330, 334 (Bankr.W.D.N.Y.1992); In re Peacock, 139 B.R. 421, 422 (Bankr.E.D.Mich.1992); In re Thibodeau, 136 B.R. 7, 10 (Bankr.D.Mass.1992); In re Hunter, 116 B.R. 3, 5 (Bankr.D.D.C.1990); In re Mendiola, 99 B.R. 864, 865 (Bankr.N.D.Ill.1989). If the omitted debt is of a type covered by 11 U.S.C. § 523(a)(3)(A), it has already been discharged pursuant to 11 U.S.C. § 727. If the debt is of a type covered by 11 U.S.C. § 523(a)(3)(B), it has not been discharged, and is non-dischargeable. In sum, reopening here in order to grant Beezley’s request would not have “accord[ed] relief to” Beez-ley; thus, there was no abuse of discretion.

AFFIRMED.

. We express no opinion as to whether the omitted debt was or was not discharged.

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