In re Ross (98-50799)

Debtor sought to reopen her Chapter 13 case, which had been dismissed post-confirmation, to add a tort claim to her schedules thereby, avoiding the defense of judicial estoppel on the claim in state court. Although the Court concluded that a dismissed case may be opened under Section 350(b), it denied Debtor’s motion to reopen because the tort claim was not property of the estate, and therefore Debtor was not required to list it on her bankruptcy schedules.

Friday, October 5, 2001