Wilma Pennington-Thurman v. Federal Home Loan Mortgage

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 10, 2021
• Docket: 20-1993
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1993 ___________________________

In re: Wilma M. Pennington-Thurman,

lllllllllllllllllllllDebtor.

------------------------------

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. ____________

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

Submitted: February 5, 2021 Filed: February 10, 2021 [Unpublished] ____________ Before COLLOTON, MELLOY, and GRASZ, Circuit Judges. ____________

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. ______________________________

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

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