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Respondents Closely Divided over Bankruptcy Courts Having Jurisdction to Reopen Cases That Have Been Dismissed

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Contact: John Hartgen

            

703-739-0800

            

jhartgen@abiworld.org

 

RESPONDENTS
CLOSELY DIVIDED OVER BANKRUPTCY COURTS HAVING JUSRISDICTION TO REOPEN
CASES THAT HAVE BEEN DISMISSED IN LATEST
w:st='on'>ABI POLL

 

May 18, 2007, Alexandria,
Va. —Results of a recent American Bankruptcy Institute
online poll showed that respondents were closely divided over whether or

not  bankruptcy courts have subject matter jurisdiction to reopen a

bankruptcy case that has been dismissed. The largest number of
respondents (45 percent) agreed that bankruptcy courts have jurisdiction

under Bankruptcy Code §350(b) to reopen a bankruptcy case that has
been dismissed and terminated pursuant to §349, even if the case
has never been administered, completed or formally closed. Section
350(b) authorizes the bankruptcy court to reopen a case for various
reasons including to 'administer assets, to accord relief to the debtor,

or for other cause. 'Thirty-two percent “strongly agreed”
and another 13 percent “agreed somewhat.”

Twenty-four percent of
respondents did not think that bankruptcy courts have subject matter
jurisdiction to reopen a case under §350(b) when that proceeding
has been dismissed and terminated pursuant to §349. Nineteen
percent “strongly disagreed,” while another 5 percent
“disagreed somewhat” that under §350(b) the courts had
subject matter jurisdiction to reopen a case. Twenty-eight percent of
respondents “did not know or had no opinion.”


size='3'>ABI members and members of the public
were welcome to submit their response to the statement:
“Bankruptcy courts have subject matter jurisdiction under
§350(b) to reopen a bankruptcy case that has been dismissed and
terminated pursuant to §349, notwithstanding the fact that the case

has never been administered, completed, or formally closed.”
The latest ABI Quick Poll was

open to the public for voting from April 27-May 10.


size='3'>ABI’s weekly Quick Poll is posted

on ABI’s home page,
title='http://www.abiworld.org/'
href='http://www.abiworld.org/'>www.abiworld.org.
w:st='on'>ABI members and the public are invited to
respond to a question on a timely bankruptcy or insolvency issue. Visit

href='http://www.abiworld.net/quickpoll/'>
color='#0000ff'>http://www.abiworld.net/quickpoll/ to access
the results of previous ABI
Quick Polls.

###


size='3'>ABI is the largest multi-disciplinary,
nonpartisan organization dedicated to research and education on matters
related to insolvency. ABI
was founded in 1982 to provide Congress and the public with unbiased
analysis of bankruptcy issues. The
w:st='on'>ABI membership includes nearly 11,500
attorneys, accountants, bankers, judges, professors, lenders, turnaround

specialists and other bankruptcy professionals, providing a forum for
the exchange of ideas and information. For additional information on
ABI, visit www.abiworld.org.
For additional conference information, visit
title='http://www.abiworld.org/conferences.html'
href='http://www.abiworld.org/conferences.html'>
color='#0000ff'>http://www.abiworld.org/conferences.html.