context: In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important consideration is the benefit to the creditors.
citation_a.signal: see also
citation_a.parenthetical: granting debt- or's motion to reopen to add undisclosed personal injury claim
citation_a.sentence: In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”).
citation_b.signal: cf.
citation_b.identifier: 266 B.R. 916, 921
citation_b.parenthetical: granting debtor's motion to reopen to add an age discrimination claim, stating that "the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate" and "debt- or's good faith is irrelevant"
citation_b.sentence: In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”).