Dollman v. Montoya (In re Dollman); 595 B.R. 849 (10th Cir. BAP 2019)
Feb 05, 2019OUTCOME: Case established new law in the Tenth Circuit pertaining to bankruptcy cases & debtors' rights
In Feb. 2019, the 10th Circuit Court of Appeals Bankruptcy Appellate Panel ("BAP") overruled the Bankruptcy Court (D.N.M.), finding that the lower court erred when it misinterpreted and misapplied Rule ... 9006(b)(1), wrongfully striking the debtors' amended bankruptcy schedules. The BAP further found that the Bankruptcy Court erred when it wrongfully denied the debtors the right to amend their bankruptcy schedules and claim exemptions. In a consolidated opinion, the BAP ruled in favor of the debtors, holding that debtors may re-open previously closed bankruptcy cases "as a matter of course," and further concluded that debtors under Rule 1009 "may amend schedules without limitation of whether the case is open or reopened after closing."
