Title Juan Marcelino De La Cruz Asuncion, III
Entered
Case Number
05-32329
Summary

NOT FOR PUBLICATION. The court determined that it should not grant a creditor's motion to reopen a closed no asset Chapter 7 case to allow the filing of an adversary proceeding to determine non-dischargeability of an alleged debt under 11 U.S.C. § 523(a)(3). Under the circumstances of this case, Creditor can challenge in a filed state court action, the defense of discharge and obtain a ruling on its assertion of non-dischargeability in that action.

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