 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Edwards v. Franchini5/26/1998
y case, as far as practicable, and to restore all property rights to the position in which they were found at the commencement of the case.'" Id. at 747 (quoting H.R. Rep. No. 95-595, at 338 (1977)).
{19} Neither Section 349(b) nor the April 28, 1997 order supports Plaintiffs' position that the claims revert back to Plaintiffs without giving effect to the existence of bankruptcy case. The legislative history does not contemplate "undoing" all actions during the proceedings, see H.R. Rep. No. 95-595, at 338; S. Rep. No. 95-989, at 49 (1978), and the bankruptcy court, in its order, gave recognition to its prior orders. We cannot ignore the facts. Plaintiffs filed a bankruptcy petition, their assets became part of the bankruptcy estate, the trustee administered the estate, and the bankruptcy court entered valid orders affecting the rights of parties. Under Section 349(b), the claims reverted to Plaintiffs only as of the April 28, 1997 order. Cf. In re Searles, 70 B.R. 266, 270 (D.R.I. 1987) ("only the property left in the estate at the time of dismissal" reverts under Section 349(b)). As a result, the reopening of the bankruptcy proceedings does not demonstrate exceptional circumstances supporting remand of this case.
{20} Additionally, Plaintiffs have not addressed the requirement for remand that the district court would be disposed to grant Plaintiffs' requested relief. See Terrel, 86 N.M. at 436, 524 P.2d at 1052; ) (party presenting motion has burden to come forward with evidence sufficient to raise an issue as to the relief claimed in the motion). Having failed to meet their burden, Plaintiffs have not shown that remand is appropriate in this case.
Conclusion
{21} Plaintiffs misread the bankruptcy law. As we conclude that their claims were part of the bankruptcy estate, and, as a result, the bankruptcy trustee was the real party in interest at the time of the complaint, the district court properly granted summary judgment. We decline Plaintiffs' request for remand and affirm the district court's judgment.
{22} IT IS SO ORDERED.
|