Case No. 08-41485.United States Bankruptcy Court, E.D. Michigan, Southern Division.
July 6, 2010
ORDER DENYING DEBTOR’S MOTION TO REOPEN CHAPTER 7 CASE
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on a motion filed by the Debtor which the Debtor refers to as a “motion to reopen and amend Chapter 7 Case No 08-41485,” filed June 30, 2010 (Docket # 34, the “Motion”), seeking to reopen the case for the purpose of scheduling creditors; namely, “the creditors of 36th District Court and DTE Energy.”
The Court notes that the creditors Debtor is concerned about were listed in Schedule F filed in this case (Docket # 1). And even if they were not scheduled, any prepetition debts to these creditors would still be discharged to the same extent as if they had been scheduled. This is because this was a “no-asset” Chapter 7 case.
Because this was a “no-asset” Chapter 7 case, it is unnecessary to reopen this case merely to enable Debtor to amend his schedules to add creditors who were not listed previously. Because this was a no-asset case, such unscheduled debt is discharged to the same extent it would be discharged if it had been scheduled. See In re Madaj, 149 F.3d 467 (6th Cir. 1998). And because these two creditors were listed in the Debtor’s Schedule F, all debts the Debtor owed to these two creditors as of the January 23, 2008 date of the petition in this case, were discharged, not just the specific debts or debt amounts to which Schedule F may have referred.
Because it appears that reopening this case for the purpose stated by Debtor’s motion would serve no useful purpose, the Motion must be denied. This Order is without prejudice to
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Debtor’s right to file a timely motion for reconsideration or to file a new motion if he believes that cause exists to reopen this case notwithstanding the Sixth Circuit’s decision in Madaj, and explain what that cause is. Accordingly,
IT IS ORDERED that the Motion (Docket # 34), is DENIED.