In Re Emmerling

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a bankruptcy court “may consider numerous factors including equitable concerns” under section 350(b)
• stating that “in the absence of some meaningful prejudice, a court of equity would abuse its discretion by barring the reopening of a case.”
• noting that without any articulated prejudicial consequence, mere delay is not sufficient to constitute prejudice
• stating that “in the absence of some meaningful prejudice, a court of equity would abuse its discretion by barring the reopening of a case.”
• stating various factors to be considered, including the delay between the closing of the case and the motion to reopen, whether reopening a case would prejudice the adversary, and other equitable concerns
• “The statutory ‘cause’ to reopen under section 350(b) in this case depends upon whether cause exists to vacate the default judgment, since that is the sole purpose of reopening the bankruptcy case.”

Source: CourtListener parenthetical corpus (CC0).