IN RE CHINN CASE NO. 94-50769
UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
IN RE: CHINN
CASE NO. 94-50769
This case came on before the court on February 13, 1995 for further hearing on the motion of the debtor to vacate the order of the court of October 3, 1994 dismissing this case. The court ruled the order of dismissal should be and hereby is set aside and the case is reinstated.
The chapter 7 trustee shall proceed with the administration of the case.
To assist the trustee in administering the case the debtor shall forthwith amend the schedules to list in detail his interest in various parcels of real property whether acquired by inheritance or by deed, and any attempted or actual transfer of such property prior to bankruptcy.
The dismissal is being set aside because the court is of the opinion that issues as to whether the debtor fraudulently omitted listing his interest in real property in the schedules and fraudulently concealed information concerning transfer or attempted transfer of his interest in such property should properly be raised by objections to the discharge of the debtor rather than by motion to dismiss the petition.
The petition was dismissed October 3 1994 before expiration of the period for objecting to the discharge of the debtor.
One condition of setting aside the order of dismissal and reinstating the case is that the time for objecting to the discharge of the debtor or to the dischargeability of particular debts owed by the debtor shall be and hereby is extended an additional 90 days from the date of this order.
By the court -
Joe Lee, Chief Judge
William R. Palmer, Jr.
Michael J. Curtis
Donald D. Chinn