The consumer wanted to reopen the case
What are some of the reasons why a consumer would request for his/her case be reopened?
1.) To file a motion to avoid a lien that was not included in the papers
2.) To amend records and request for additional discharge.
How important is it to reopen a case like this?
For the consumer, if a creditor suddenly pops out of nowhere claiming that the consumer owes him/her a substantial amount, then it is imperative for the consumer to ask the bankruptcy court to reopen the case, let that creditor be added to the Mailing Matrix, add that particular debt to the discharge, and then reclose the case.
How to reopen the case
1.) Check with the local court regarding procedures, fees, and papers to be filed in reopening a bankruptcy case. As was stated earlier, rules may vary from state to state.
2.) File an “Ex parte Motion.” This means that a formal notice is not needed to be sent to all the parties concerned and that all the consumer needs to do is file the request and the order to the trustees. The judge will judge on the approval or denial of the motion based on the papers; a formal court hearing is not necessary.
What are these papers (forms)?
• A request and an order to reopen the case
• A request for a discharge
• An order that a discharge be entered.
3.) Prepare the relevant documents to be filed. If the consumer’s reason for reopening the case is to add a creditor to the list (for cases in which the consumer failed to list down a creditor in his/her Mailing Matrix) and then request for the reopened case to be once again discharged.
4.) Complete the necessary court proceedings and make sure to re-close the case.
Check out these related articles:
Dismissing your case in bankruptcy
Bankruptcy reopened by your trustee
