Pennington-Thurman v. Bank of America N.A. (In Re Pennington-Thurman)

559 F. App'x 600

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 5, 2014
• Docket: 13-3483
• Status: Unpublished

Opinion

Wilma Pennington-Thurman appeals the decision of the Bankruptcy Appellate Panel (“B.A.P.”) affirming the bankruptcy court order denying her post-discharge motion to reopen her bankruptcy case. We agree -with the B.A.P. that the bankruptcy court did not abuse its discretion in denying the motion to reopen because a bankruptcy discharge “does not operate to extinguish a creditor’s in rem rights to foreclose against property in which it holds a lien,” and Bank of America’s notices to Pennington-Thurman stated that they were not an attempt to collect against the discharged debtor personally. See In re Apex Oil Co., Inc., 406 F.3d 538, 542 (8th Cir.2005) (standard of review). Like the B.A.P., we decline to consider issues first raised by Pennington-Thurman on appeal concerning possible claims unrelated to the closed bankruptcy case.

The judgment of the B.A.P. is affirmed. See 8th Cir. R. 47B.