Reopening a Bankruptcy Case

by Hermin Dowe on July 27, 2015

 

Oops, did your forget something important in your bankruptcy case? Fortunately, it is usually possible to reopen a bankruptcy and attempt to “fix” what went wrong. Often a case is reopened when a procedural error occurred, including:
-failing to timely file your counseling certification (Official Form 23)
-failing to name an essential creditor
-failing to list a valuable asset
-failing to follow procedure for removing a judgment lien on real property.

In order to reopen a bankruptcy case, the debtor must file an ex-parte motion to reopen the case. The motion requests that the judge allow the case to be reopened without giving notice to the creditors or without a hearing.

Next, the debtor must file a motion requesting the relief you want, such as the inclusion of a creditor or asset in the bankruptcy case.
Obviously it is better to take care of everything while the bankruptcy case is still open, but if you discover a major flaw that warrants reopening the case, it is an available option! You should seek advice from an experienced bankruptcy lawyer to assist you in attempting to reopen your bankruptcy case.

If you are in need of help dealing with the Bankruptcy Court, the bankruptcy attorneys at the Dowe Law Firm can provide it. We have a long history of getting debtors to where they need to be, and we will work just as hard for you. Contact us for a free consultation today at 510-233-7700 or by email at had@dowelaw.com.

 

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