How to Reopen a Bankruptcy Case

Although you may believe that you noted all creditors when completing your original bankruptcy filing, one may appear after your debts have been discharged, demanding payment. You will need to ask the court to reopen your case and amend your records, so that you can arrange to have the debt in question discharged. There are other reasons to request that the court reopen your case, but the steps to do so are generally very simple.

Difficulty:

Easy

Instructions

Things You'll Need

• Lawyer (recommended)
• State-specific forms
• Administrative fee (depending on your state)
• Amended records to file

1. Contact your attorney, if you can. She can draft a motion or request to the court to reopen your case. If you go this route, you may need to do little more than request that your attorney have necessary records amended.

2. Consult with your local court to reopen your case. Forms and exact procedures vary from state to state. Depending on your location, you may also need to pay an administrative fee.

3. Prepare amended records to file. If you are adding a creditor to your petition and requesting an additional discharge, you will need to provide the relevant information from the court.

4. Complete any necessary court proceedings, including requesting that the judge grant your amendment. Depending on whether your creditors object to any part of the reopening of your case, this process can be very simple or exceedingly complex.

5. Re-close your case by completing any new payment plan, liquidation or discharge. Although bankruptcy cases can technically become complete without being closed, it is in your best interest to tie up loose ends.

Tips & Warnings

• Bankruptcy cases are reopened routinely to amend documents and address further creditors.

• You may be able to reopen your case to avoid liens and judgments which occur during or immediately after your petition to file for bankruptcy.

• After a bankruptcy case is reopened, you must then address the reason that the case was reopened.

• If you receive substantial funds within 180 days of filing your case, you may need to reopen your case to address those funds.

• Bankruptcy cases can be reopened by trustees if they find that a debtor has committed fraud on his petition.

• Creditors can object to reopening your case and may legally be entitled to do so, depending on your reason for reopening the case.

• If creditors are unable to recover any debts from your bankruptcy estate because of actions on your part, you may face civil action.

• If your case was dismissed rather than discharged, you may need to refile your petition to declare bankruptcy, rather than reopen your case.