Wilma Pennington-Thurman v. Federal Home Loan Mortgage

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 20-1993

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In re: Wilma M. Pennington-Thurman,

lllllllllllllllllllllDebtor.

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Wilma M. Pennington-Thurman,

lllllllllllllllllllllAppellant,

v.

Federal Home Loan Mortgage Corporation; Millsap & Singer, LLC; Bank of America, N.A.,

lllllllllllllllllllllAppellees,

Office of U.S. Trustee,

lllllllllllllllllllllU.S. Trustee.

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Appeal from United States District Court for the Eastern District of Missouri - St. Louis

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Submitted: February 5, 2021 Filed: February 10, 2021 [Unpublished]

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Before COLLOTON, MELLOY, and GRASZ, Circuit Judges.

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PER CURIAM.

Wilma Pennington-Thurman appeals the district court’s1 order affirming the bankruptcy court’s order denying her motion to reopen her bankruptcy case. We conclude that the bankruptcy court did not abuse its discretion. The adversary case that Pennington-Thurman sought to pursue addressed previously litigated issues or otherwise lacked merit, so reopening would have been futile. See Apex Oil Co. v. Sparks (In re Apex Oil Co.), 406 F.3d 538, 541 (8th Cir. 2005); Mid-City Bank v. Skyline Woods Homeowners Ass’n (In re Skyline Woods Country Club, LLC), 431 B.R. 830, 837-38 (B.A.P. 8th Cir. 2010); Realan Inv. Partners, LLLP v. Meininger (In re Land Res., LLC), 505 B.R. 571, 582 (M.D. Fla. 2014).

The judgment is affirmed. See 8th Cir. R. 47B.

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1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri.