You are here

In re Brown (Case No. 04-00291) 11/12/2010

In this pre-BAPCPA case, the Court denied the debtor's request to reopen his case for the purpose of adding a creditor not included in his original schedules. Because the effect of the discharge on the child support obligation was not certain under Section 523, the Court denied the motion without prejudice to the right of either the debtor or the creditor to file a motion to reopen the case for the purpose of filing a complaint to initiate an adversary proceeding to obtain a determination of the dischargeability of the obligation.  The Court's decision has no effect upon the non-bankruptcy issue of whether the support obligation remains enforceable as a matter of state law under Va. Code Section 8.01-251(A).

Date: 
Saturday, November 13, 2010
Category: 
Dischargeability
Domestic Support Obligations
Reopening/Reinstatement
Schedules
Chapter: 
7