In re Hills (20-70372)

The Chapter 7 Trustee, Walter Kelley, filed a motion for the Court to reconsider its previous memorandum opinion and order in this case. The Court considered the Trustee’s arguments and denied the motion. The parties stipulated that at least one institution should have been served in accordance with 7004(h), but the Court found that the Trustee did not prove the error justified the use of Rule 59. The Court reconsidered its previous finding that the Trustee was bound by res judicata and did not find it had made a manifest error of law. The Court also found the Trustee’s arguments about the Debtors’ motivation for converting their case untimely. Finally, the Court was unpersuaded by the Trustee’s oral motion under Rule 60(b)(6).

Tuesday, April 4, 2023