When can you reopen a bankruptcy case?

by DeLadurantey Law Office, LLC on January 2, 2014

When can you reopen a bankruptcy case? If you file a bankruptcy case and you realize you made a mistake after the discharge order was entered, it may be possible to reopen your case to fix the error. Of course, it is important to try to get everything right when you initially file. Most cases that are allowed to be reopened are those that require the cure of a procedural error.

Examples of mistakes that may warrant a bankruptcy case being reopened include:

•failing to timely file your counseling certification (Official Form 23)

•failing to follow procedure for removing a judgment lien on real property

•failing to name an essential creditor

•failing to list a valuable asset

•a windfall of money or income (trustee might request the reopening)

•any other reason approved by the court

How do you reopen a case? Typically the debtor files a motion requesting permission to reopen the case with the court. Unless the court waives it, you must pay a fee to file this motion. In most circumstances, the debtor asks to be able to reopen it without providing notice to all of the creditors and without a hearing. The debtor’s motion must fully explain the error that must be fixed and why the case should be reopened. If the court approves the motion, the case can proceed on the specific issues until it is resolved.

It is important to understand that there is no guarantee that the court will allow you to reopen your case, so it is important to carefully review all of your pleadings before you file your case. You want to make sure you have included all of the necessary information when you initially file your case and avoid the time and expense of reopening a case. However, if a mistake is made, an experienced bankruptcy attorney can help you seek permission to fix it.

Contact The “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office. LLC for all your Chapter 7 and Chapter 13 bankruptcy needs.  Whether you need debt negotiations or debt relief, or even foreclosure defense, DeLadurantey Law Office will handles bankruptcy matters for the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County.  DeLadurantey Law Office, LLC can be contacted by phone at (414) 377-0518.

 

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