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Redmond v. Fifth Third Bank, 08-4288

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By FindLaw Staff on October 20, 2010 3:26 PM

Bankruptcy court's denial of debtor's motion to reopen his case in a bank's foreclosure suit affirmed

Redmond v. Fifth Third Bank, 08-4288, concerned a challenge to the district court's affirmance of a bankruptcy court's denial of a debtor's motion to reopen his bankruptcy case, claiming that a bank's foreclosure suit was in violation of the bankruptcy court's orders.

In affirming, the court held that the bankruptcy court did not abuse its discretion in rejecting the motion to reopen as untimely.  The court also held that the state court was an appropriate forum to litigate debtor's potential claims, and his bankruptcy arguments were, in any event, meritless.  Lastly, the court held that the debtor was not denied a fair hearing and the bankruptcy judge gave him ample opportunity to present his claims.

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