642 B.R. 261
Bankr. E.D. Mich.2022Background
- Debtor Debra M. Flake filed a Chapter 13 petition on December 11, 2016; plan confirmed August 10, 2018 (60 months).
- Debtor completed plan payments on March 18, 2019; trustee filed notice of completion May 15, 2019.
- Deadlines: Financial Management Course Certificate due by last plan payment (March 18, 2019); Certification Regarding Domestic Support Obligations due 28 days after trustee’s notice (June 12, 2019).
- Debtor failed to file either certificate; the case was closed without a discharge on September 11, 2019 for those failures.
- Debtor moved to reopen the case on August 9, 2022 (almost three years later), citing caregiving and work obligations as excuses; court denied the motion on August 16, 2022.
Issues
| Issue | Debtor's Argument | Court/Opposing View | Held |
|---|---|---|---|
| Whether to reopen the case to allow filing the Financial Management Course Certificate (FMCC) | Flake: should be reopened to permit filing FMCC now; she was caregiving and working full time, causing delay | Court: delay unexplained and lengthy; debtor and counsel were notified of requirement and deadlines; remedy available earlier | Denied — no cause to reopen or grant a retroactive extension for FMCC |
| Whether to reopen the case to allow filing the Certification Regarding Domestic Support Obligations (DSO cert) | Flake: seeks reopening to file DSO cert so she can receive discharge | Court: debtor missed the DSO filing deadline, received notice closing case without discharge, and waited almost three years to act | Denied — no cause to reopen to file DSO cert |
Key Cases Cited
- Rosinski v. Rosinski, 759 F.2d 539 (6th Cir. 1985) (reopening decisions committed to bankruptcy court's discretion)
- In re Barrett, 569 B.R. 687 (Bankr. E.D. Mich. 2017) (applied four-factor test and denied reopening to file FMCC after long delay)
- In re Adamson, 615 B.R. 303 (Bankr. D. Colo. 2020) (debtor cannot receive bankruptcy benefits without complying with statutory obligations)