Despite inflexible precedent followed throughout the federal judicial circuits construing the Federal Rules of Bankruptcy Procedure and Bankruptcy Code, the Chief Judge of the United States Bankruptcy Court for the Eastern District of Missouri recently set aside an order of discharge in a 2013 Chapter 7 bankruptcy filing. Adam Breeze of the firm’s St. Louis office obtained the result by moving the Court to find good cause under the circumstances, and despite the precedent, to use its power under 11 U.S.C. § 105 of the Bankruptcy Code to accord relief to the firm’s clients. The Court granted the motion, allowing the firm to negotiate and cause execution of a reaffirmation agreement with the clients’ mortgage creditor.
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