Wilma Pennington-Thurman v. Bank of America N.A.
Filing
PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED) [4161377] [13-3483]
United States Court of Appeals
For the Eighth Circuit
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No. 13-3483
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In re: Wilma M. Pennington-Thurman
lllllllllllllllllllllDebtor
-----------------------------Wilma M. Pennington-Thurman
lllllllllllllllllllllAppellant
v.
Bank of America N.A.
lllllllllllllllllllllAppellee
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Appeal from the United States Bankruptcy
Appellate Panel for the Eighth Circuit
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Submitted: May 21, 2014
Filed: June 5, 2014
[Unpublished]
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Before LOKEN, MURPHY, and SMITH, Circuit Judges.
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PER CURIAM.
Appellate Case: 13-3483
Page: 1
Date Filed: 06/05/2014 Entry ID: 4161377
Wilma Pennington-Thurman appeals the decision of the Bankruptcy Appellate
Panel (“B.A.P.”) affirming the bankruptcy court order denying her post-discharge
motion to reopen her bankruptcy case. We agree with the B.A.P. that the bankruptcy
court did not abuse its discretion in denying the motion to reopen because a
bankruptcy discharge “does not operate to extinguish a creditor’s in rem rights to
foreclose against property in which it holds a lien,” and Bank of America’s notices
to Pennington-Thurman stated that they were not an attempt to collect against the
discharged debtor personally. See In re Apex Oil Co., Inc., 406 F.3d 538, 542 (8th
Cir. 2005) (standard of review). Like the B.A.P., we decline to consider issues first
raised by Pennington-Thurman on appeal concerning possible claims unrelated to the
closed bankruptcy case.
The judgment of the B.A.P. is affirmed. See 8th Cir. R. 47B.
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Appellate Case: 13-3483
Page: 2
Date Filed: 06/05/2014 Entry ID: 4161377
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