In re Kiriazis

(6th Cir. B.A.P. Jan. 28, 2016)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s order denying the creditor’s motion to reopen the bankruptcy case. The creditor’s attorney stated on the record that the creditor had committed a willful violation of the discharge injunction and that the creditor was negotiating  a resolution with the debtor. The bankruptcy court entered an order finding the creditor had violated the injunction and that punitive damages were appropriate, but left the issue of damages open for the parties to negotiate and report back to the court. The case was closed after an agreed order was entered resolving the pending motion. The creditor then sought to reopen the case and to reconsider the prior order, but the bankruptcy court refused, finding a notice of appeal was not timely filed, and the motion to reconsider was not timely. Opinion below.

2016-01-28 – in re kiriazis

Amended Opinion: 2016-02-02 – in re kiriazis

Author: Matt Lindblom

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