Case No.: 99-23716.United States Bankruptcy Court, W.D. New York
August 2, 2000.
ORDER DENYING MOTION TO VACATE DISCHARGE TO FILE A REAFFIRMATION AGREEMENT AND DIRECTING THAT THIS CASE BE CLOSED
John C.Ninfo, II Chief United States Bankruptcy Judge.
Whereas, Timothy and Tina Boudrieau (the “Debtors”) filed under Chapter 7 on December 1, 1999; and
Whereas, the Debtors received their discharge on March 9, 2000 and the Debtors’ bankruptcy case was closed on March 21, 2000; and
Whereas, the Debtors signed a reaffirmation agreement with Conseco Finance Corporation (the “Creditor”) on March 30, 2000 after the entry of the Discharge Order; and
Whereas, the Creditor brought a motion to reopen the Debtors’ case and vacate the Debtors’ discharge filed on July 10, 2000, in order to validate the reaffirmation agreement (the “Motion”); and
Whereas, a hearing was held on August 2, 2000 to consider the Motion, and Leonard Relin, the Debtors’ attorney appeared, and David Ealy the Creditor’s attorney appeared.
It is Ordered, that the Motion is denied, due to the Creditor’s failure to demonstrate extraordinary circumstances as described by Judge Gerling in In re Eccleston, 70 B.R. 210 (Bankr.N.D.N.Y. 1986); and it is further
Ordered, that the Debtors’ case is closed.