New Bankruptcy Opinion: IN RE PASADENA ADULT RESIDENTIAL CARE, INC. – Bankr. Court, CD California, 2015

In re: PASADENA ADULT RESIDENTIAL CARE, INC., Chapter 11, Debtors.

CORONA CARE CONVALESCENT CORPORATION, CORONA CARE RETIREMENT, INC. Debtors and Debtors-in-Pssession

Case No. 2:13-bk-28484-RK, Jointly Administered with Case Nos. 2:13-bk-28497; 2:13-bk-28519-RK; 2:13-bk-28532-RK; 2:13-bk-28538-RK; 2:13-bk-28545-RK

United States Bankruptcy Court, C.D. California, Los Angeles Division.

August 28, 2015.

ORDER NOT FOR PUBLICATION

ROBERT KWAN, Bankruptcy Judge.

The court on its own motion reopens the above-captioned jointly administered cases pursuant to 11 U.S.C. § 350(b) for cause to consider the motion of the Official Committee of Unsecured Creditors to revoke and/or vacate the dismissals of the cases and to request the appointment of a Chapter 11 trustee pursuant to Rule 9024 of the Federal Rules of Bankruptcy Procedure and Section 1104(a) of the Bankruptcy Code, 11 U.S.C., filed on August 27, 2015 (ECF 443). See, e.g., In re Castillo, 297 F.3d 940, 944-946 (9th Cir. 2002) (citations omitted); In re Weinstein, 164 F.3d 677, 686 and n. 7 (1st Cir. 1999)(citations omitted), cited in, 4 March, Ahart and Shapiro, California Practice Guide: Bankruptcy, ¶ 23:198 at 23-26 (2014)(bankruptcy court may reopen case sua sponte). Although reserving ruling on the merits of the motion, the court has reviewed the committee’s moving papers and determines that they raise a colorable claim for relief on the circumstances described therein that justify reopening of the cases for cause and hearing and determination of the motion on the merits. See, In re Menk, 241 B.R. 896, 913 (9th Cir. BAP 1999)(“the reopening of a closed bankruptcy case is a ministerial act that functions primarily to enable the file to be managed by the clerk as an active matter and that, by itself, lacks independent legal significance and determines nothing with respect to the merits of the case”)(citations omitted).

Accordingly, the court orders that the above-captioned cases be reopened forthwith.

IT IS SO ORDERED.

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