July 28, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEAL
FOR THE FIRST CIRCUIT
No. 95-1042
IN RE: DANIEL J. DILL,
Debtor.
GENERAL ELECTRIC MORTGAGE INSURANCE COMPANY,
Appellant,
v.
DANIEL J. DILL,
Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Reginald C. Lindsay, U.S. District Judge]
Before
Selya, Cyr and Boudin,
Circuit Judges.
Richard W. Gannett on brief for appellant.
Leonard A. Berkal and Berkal, Stelman, Davern & Shribman on brief
for appellee.
Per Curiam. We have carefully reviewed the record in
this case, including the briefs of the parties. We find that
appellant has failed to meet its burden, see In re Nelson,
100 Bankr. 905, 906 (Bankr. N.D. Oh. 1989), of showing that
"assets of such probability, administrability and substance .
. . exist as to make it unreasonable under all the
circumstances for the court not to deal with them." In re
Herzig, 96 B.R. 264, 266 (Bankr. 9th Cir. BAP 1989)
(citations omitted). We note as well that the record
discloses no justification for the substantial delay in
filing the motion to reopen. See Fed. R. Bankr. P. 9024
(motion to reopen must be made within reasonable time after
case is closed); Virgin Islands Bureau of Internal Revenue v.
St. Croix Hotel Corp., 60 B.R. 412, 414 (D.V.I. 1986).
Therefore, we find no abuse of discretion in the decision of
the bankruptcy court not to reopen this case pursuant to 11
U.S.C. 350(b).
Affirmed.