21 B 9091
Debtor filed for relief under chapter 13 in July 2021 and the court confirmed his plan.  In September 2023, Debtor was involved in a car accident and hired counsel to pursue claims on his behalf.  He did not amend his schedules to disclose these claims.  Debtor completed his chapter 13 plan payments in late 2024, the court granted his discharge and the case closed in February 2025.  Debtor filed suit in state court in September 2025, seeking damages sustained in the 2023 car accident.  The state court defendants filed a motion for summary judgment, arguing that because Debtor’s claims were not disclosed in the chapter 13 case, Debtor lacked standing and judicial estoppel applied.  Debtor filed a motion to reopen to amend his schedules.  The chapter 13 trustee also sought reopening and requested that the court vacate Debtor’s discharge.  HELD: Debtor’s request for reopening would be denied.  A case may be reopened to administer assets or for other cause.  If plan modification were possible to allow distribution of proceeds from the personal injury claims, that could be cause to reopen.  But since Debtor had completed his plan payments, modification was prohibited under the plain language of 11 U.S.C. § 1329(a).  The Trustee’s withdrawal of the notice of completion of plan payments did not change the fact that payments had been completed under the confirmed plan.  The court also found that the state court defendants had standing to oppose Debtor’s motion to reopen.  The Trustee’s motion to reopen was granted, with leave granted to bring a separate motion to vacate Debtor’s discharge.