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In re: CHRISTOPHER PRICE, Chapter 7, Debtor.

ORDER DENYING DEBTORS' MOTION TO REOPEN CHAPTER 7 CASE

THOMAS TUCKER, Bankruptcy Judge

This case is before the Court on "Debtors' Motion to Reopen Chapter 7 Proceeding to Allow Filing of Amended Schedule to List Pre-Petition Debt," filed August 12, 2008 (Docket # 9). Debtor filed a certificate of no response on September 3, 2008, indicating that no one has timely objected to the motion. The motion must be denied, for the following reasons.

Upon review of the case, it appears that this was a "no-asset" Chapter 7 case. As a result, it is unnecessary to reopen this case merely to enable Debtor to amend his schedules to add a creditor who was not listed previously. Because this was a no-asset case, such an unscheduled debt is discharged to the same extent it would be discharged if it had been scheduled. See In re Madaj, 149 F.3d 467 (6th Cir. 1998).

Because it appears that reopening this case for the purpose stated by Debtor's motion would serve no useful purpose, the motion must be denied. This Order is without prejudice to Debtor's right to file a timely motion for reconsideration or to re-file his motion if he believes that cause exists to reopen this case notwithstanding the Sixth Circuit's decision in Madaj, and explains what that cause is. Accordingly,

IT IS ORDERED that "Debtors' Motion to Reopen Chapter 7 Proceeding to Allow Filing of Amended Schedule to List Pre-Petition Debt" (Docket # 9), is DENIED.

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IN RE PRICE
(Sep 4, 2008)