661 B.R. 570
Bankr. E.D. Mich.2024Background
- Debtor Deangelo Orlando Gray filed for Chapter 7 bankruptcy on January 18, 2023.
- The case was closed without discharge on April 25, 2023, because Gray failed to timely file the required Financial Management Course Certificate.
- The court and bankruptcy noticing system had repeatedly notified both Gray and his attorney of the deadline and requirement to file the certificate for discharge.
- More than 15 months after the case closed, Gray filed a motion to reopen the case and waive the reopening fee, claiming he had now completed the course and would file the certificate.
- The motion provided no explanation for the original failure to file or the significant delay in bringing the motion to reopen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to reopen a closed bankruptcy to file a late certificate | Gray claims he has now completed the financial course | No opposing party/creditor argument noted | No; motion to reopen denied due to lack of cause |
| Whether the delay was excusable | No explanation offered for delay | N/A | No; unexplained delay weighs against reopening |
| Whether to waive the fee for the motion to reopen | Gray requests waiver due to prior fee waivers | N/A | Yes; motion fee waived |
| Whether the debtor is prohibited from refiling bankruptcy | N/A | N/A | No; new bankruptcy case not prohibited |
Key Cases Cited
- Rosinski v. Rosinski, 759 F.2d 539 (6th Cir. 1985) (discretion to reopen bankruptcy cases lies with the bankruptcy judge)
- In re Barrett, 569 B.R. 687 (Bankr. E.D. Mich. 2017) (applies four-factor test and denies motion to reopen for delayed certificate filing)
- In re Brown, 651 B.R. 692 (Bankr. E.D. Mich. 2023) (denied motion to reopen after prolonged delay)