In re Galloway-O'connor

539 B.R. 404, 2015 Bankr. LEXIS 3283, 2015 WL 5692037
CourtUnited States Bankruptcy Court, E.D. New York
DecidedSeptember 29, 2015
DocketCase No.: 15-70981-ast
StatusPublished
Cited by7 cases

This text of 539 B.R. 404 (In re Galloway-O'connor) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Galloway-O'connor, 539 B.R. 404, 2015 Bankr. LEXIS 3283, 2015 WL 5692037 (N.Y. 2015).

Opinion

DECISION AND ORDER DENYING DEBTOR’S MOTION TO REOPEN CASE AND RESCIND REAFFIRMATION AGREEMENT

Alan S. Trust, United States Bankruptcy Judge

Pending before the Court is the motion of the above-captioned pro se debtor, Cindy B. Galloway-O’Connor a/k/a Cindy Galloway a/k/a C.B. Galloway’s (“Debtor”), seeking to reopen her chapter 7 bankruptcy case to rescind a reaffirmation agreement (the “Motion”). Because Debtor has failed to demonstrate cause to reopen, the Motion is denied.

JURISDICTION

This Court has jurisdiction over this core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A)and (O), and 1334(b), and the Standing Orders of Reference in effect in the Eastern District of New York dated August 28, 1986, and as amended on December 5, 2012, but made effective nunc pro tunc as of June 23, 2011.'

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This decision constitutes the Court’s findings of fact and conclusions of law in accordance with Rule 7052 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”).

BACKGROUND AND PROCEDURAL HISTORY1

On March 12, Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Debtor’s schedules indicated she had no assets available for distribution. [dkt item 1]

On March 12, the Clerk’s Office generated and mailed notice of the commencement of Debtor’s case to all creditors listed in her schedules. In that notice, the case was labeled a “no asset case”; thus, creditors were directed not to file proofs of claim until given notice to do otherwise; a date for the § 341 meeting of creditors was also provided, [dkt item 2]

On April 26, Debtor entered into a proposed reaffirmation agreement with San-tander Consumer USA, Inc. (“Creditor”) [406]*406seeking to reaffirm $28,529.40 she owed for a 2012 Audi Q5 (the “Reaffirmation Agreement”). On May 18, Creditor accepted the Reaffirmation Agreement, and on May 27, Creditor filed the reaffirmation agreement with the Court, [dkt item 16] Although the “No Presumption of Undue Hardship” box on the Reaffirmation Agreement was checked, the Reaffirmation Agreement indicated that Debtor was unrepresented by counsel in negotiating the agreement. As a result, on May 28, the Court scheduled a hearing on Debtor’s request to approve the Reaffirmation Agreement for July 7. [dkt item 17]

On July 2, the trustee electronically docketed a report of no distribution, stating that he made a diligent inquiry into the financial affairs of Debtor and determined there is no property available for distribution to creditors.

On July 7, the Court conducted a hearing on the Reaffirmation Agreement, which requires Debtor to pay $646.06 per month at a. 17.79% fixed rate for six (6) years (April 7, 2015 to March 7, 2021), for a total of $28,529.40; the car was listed as being worth $30,612.00. Debtor’s Schedules I and J indicated that, at the petition date, she had monthly income of $4,840.58 and expenses of $12,102.00, resulting in a negative cash flow of $7,261.42 each month, [dkt item 1] On the Reaffirmation Agreement, however, Debtor .represented in handwriting that she had substantially reduced her expenses such that she would have positive monthly income each month of $1,141.00, after taking into account reaffirmed debts (thus including the car payments). Concerned about the amount and duration of payments, as well as the high interest rate, the Court questioned Debtor about her decision to enter into the agreement, her ability to make the payments, and her understanding that, if the agreement were approved, she would remain liable for any deficiency on the car debt in spite of receiving a discharge from other debts. See 11 U.S.C. § 524(m). Debtor indicated that she expected to imminently receive a raise at work, her bankruptcy case was relieving her of many of the monthly expenses indicated on her schedules, she was able to afford the monthly car payments, and she could make the payments she expected she would need to make each month. Debtor also expressed that she needed this car for work as her other vehicle was inoperable. Given that Debtor appeared to clearly and fully understand the implications of the Reaffirmation Agreement and her firm belief that she could and would make the car payments and her other, regular monthly payments, the Court approved the Reaffirmation Agreement. This approval was indicated by a docket notation on Debtor’s case docket on July 7.

On July 8, Debtor received her discharge. [dkt item 25] Debtor’s case was also closed on July 8.

Less than sixty days later, on August 26, Debtor, pro se, filed a letter seeking to reopen her case on an emergency basis to rescind the Reaffirmation Agreement and to waive the fee to reopen her case (the “Motion”), [dkt item 27]

On August 26, the Court issued an order scheduling a hearing on the Motion for September 2 (the “September 2 Hearing”), [dkt item 28]

On September 2, the Court conducted the hearing, at which Debtor appeared. The Court inquired as to the status of the car and her payments. To the Court’s surprise, Debtor advised that the car had been repossessed as she was not able to make the required payments. The Court instructed Debtor to consider obtaining counsel, if possible, and gave her until September 16 to file a post-hearing brief on the power of this Court, if any, to [407]*407rescind the Reaffirmation Agreement. Debtor did not have counsel appear on her behalf, nor did she file a post-hearing brief. As of September 17, the Motion was on submission with the Court.

LEGAL ANALYSIS

A. Standard for Reopening a Closed Bankruptcy Case

Bankruptcy Rule 5010 authorizes debtors or other parties in interest to move to reopen a closed bankruptcy case within a reasonable time. See FED. R. BANKR. P. 5010, 9024. Section 350(b) of the Bankruptcy Code authorizes courts to reopen a case “to administer assets, to accord relief to the debtor, or for other cause.” 11 U.S.C. § 350(b). The Bankruptcy Code does not define what constitutes “cause” under § 350(b). This Court has previously stated that “[t]he statute’s permissive language provides the Court with broad discretion to determine whether a debtor filed a motion to reopen in good faith or has demonstrated good cause.” In re Mohammed, Case No. 13-73191(AST), 536 B.R. 351, 355 (Bankr. E.D.N.Y.2015); In re Farley, 451 B.R. 235, 237 (Bankr.E.D.N.Y.2011).

The decision to reopen a case “invoke[s] the exercise of a bankruptcy court’s equitable powers, which is dependent upon the facts and circumstances of each case.” Katz v. I.A Alliance Corp. (In re I. Appel Corp.), 104 Fed.Appx. 199, 200 (2d Cir.2004) (quoting State Bank of India v. Chalasani (In re Chalasani), 92 F.3d 1300, 1307 (2d Cir.1996)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Estiatorio Ent. Ltd.
S.D. New York, 2025
Charlene S. Smith
D. Connecticut, 2024
Hannah Woldeyohannes
D. Connecticut, 2022
Christopher S. Paduch
D. Connecticut, 2022
In re Eastep
562 B.R. 783 (W.D. Oklahoma, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
539 B.R. 404, 2015 Bankr. LEXIS 3283, 2015 WL 5692037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-galloway-oconnor-nyeb-2015.