Who Can Request a Reopening of a Bankruptcy Case?
Any party in interest of reopening the case can file a motion with the court to have it reopened. This category includes you, the bankruptcy trustee and your creditors. Depending on the individual, the legitimate basis for reopening a bankruptcy case can vary. The court has broad discretion on whether or not to abide by the request and reopen the case. Some of the common reason why a close case may be reopened is discussed in the section below.
Common Reasons for Reopening a Bankruptcy Case
Trustee or Interested Party
Even after you have been given a discharge, the bankruptcy trustee or any interested party that was involved in the case may want to get it reopened if they:
- were harmed as a result of not getting a notice of your bankruptcy
- found assets belonging to you that you didn’t disclose during the bankruptcy posses
- discovered any significant mistake in your bankruptcy paperwork
The most common reason why a bankruptee may want a case reopened is to fix a mistake on their petition. This can include:
- forgetting to list all their assets or debt
- making significant errors in the bankruptcy paperwork
- failing to file the mandatory debtor education certificate
Other common reasons could include:
- to avoid a judgment lien
- for addressing a violation of their discharge
How to Reopen a Bankruptcy Case
To have a closed bankruptcy case reopened, first you need to file a motion with the court and state the reasons why you want it reopened. In many U.S jurisdictions, you can file it without giving notice to other parties – also called an ex parte motion.
In addition, you may be required to submit a proposed order, which the judge will sign if they agree to move forward with your request. Depending on your stated reason, you may also be requested to file additional legal paperwork.
Get Legal Help
Can a Bankruptcy Case Be Reopened? The answer is definitely yes but it can be a complicated and difficult process. However, with the help of a qualified legal professional, you can better navigate through the whole ordeal and reach outcomes that are more in your favor.
If you are in need of personalized legal service to help you reopen a bankruptcy case, contact The Law Offices Sean T. Flynn at 512.640.3340 or contact directly online.