In this reopened case, the Court granted the Trustee’s motion to revoke the technical abandonment of Debtors’ residence that occurred under section 554(c) when the case was closed, based on an analysis under Civil Rule 60. Debtors had scheduled a second lien on the residence as undisputed, showing that there was no equity and did not claim the residence as exempt. When the existence of the proceeds was discovered, Debtors filed affidavits in an adversary proceeding stating that they never received loan proceeds or signed the second security deed.
NOT INTENDED FOR PUBLICATION
File:
Date:
09/01/2009