You are here

FRBP 3002 Filing Proof of Claim or Interest (Judge Gargotta)

In re Valence Technology, Inc. (March 4, 2013)
Issue(s):  Whether a case can be considered “fully administered” and closed per Advisory Note Six of Bankruptcy Rule 3022, if all contested matters have not been fully resolved.
Holding(s): The Advisory Note six factors are not exhaustive, nor must all six factors be present to establish that a case should be closed. The Court focused on the facts that that the Recognized Debtor had substantially consummated the plan, and therefore, the case could be considered fully administered.  Further, the existence of a pending matter does not preclude closing a case.