Help Center

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

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 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.”

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.

ABI’s weekly Quick Poll is posted on ABI’s home page, www.abiworld.org. ABI members and the public are invited to respond to a question on a timely bankruptcy or insolvency issue. Visit http://www.abiworld.net/quickpoll/ to access the results of previous ABI Quick Polls.

###

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 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 http://www.abiworld.org/conferences.html.