How to Reopen a Chapter 13 Case in South Carolina Bankruptcy Court
Chapter 13 bankruptcy sometimes necessitates the case being reopened for some South Carolina residents. The most common reason for reopening a Chapter 13 case in the state is the need to revisit the original debt repayment plan or add a neglected creditor. Since Chapter 13 is based on income and debt restructuring, a change in income could lead to the need to reopen the case and reevaluate the debt plan. Fortunately, South Carolina has made it fairly affordable to reopen a Chapter 13 bankruptcy.
Other People Are Reading
Instructions
-
-
1
Visit your local South Carolina bankruptcy courthouse (see Resources section). Ask for a form to make a motion to reopen your Chapter 13 bankruptcy case.
-
2
Fill out the form honestly and completely. The form itself is relatively brief and mainly asks questions concerning basic personal identifying information (such as full name, address, Social Security number) and why you need to reopen your South Carolina Chapter 13 case. You will not be asked to provide supporting documents until your hearing date, to which you are guaranteed once the form and payment is complete.
-
-
3
Pay the appropriate South Carolina bankruptcy court clerk the $235 fee to reopen your Chapter 13 case. You must pay this fee in person through cash, cashier's check or money order.
-
4
Gather any documents needed to amend your Chapter 13 file. You will need this for your hearing. Depending on your reason for revisiting the bankruptcy case, you will need income statements, tax returns, or proof of a creditor that you forgot to add in your Chapter 13 petition. Remember that only official documents--such as your tax returns, creditor statements and pay stubs--are going to be allowed in any bankruptcy case. You cannot, for instance, use statements from family, friends and business associates. Keep in mind that you cannot add debts that you incurred after your original bankruptcy discharge.
-
5
Attend the motion hearing in front of a South Carolina federal bankruptcy judge and explain your case. Your hearing will be granted automatically upon payment of fees and filing of your form but could take up to 60 days to occur. Depending on the reason for the change, you may have to attend additional hearings again such as the 341 meeting of creditors. The bankruptcy trustee may also need to scrutinize your financial life since your original filing, especially if you are unable to keep up with the prescribed repayment plan.
-
1
Tips & Warnings
Remember that if you earn significant money in the six months following your Chapter 13 bankruptcy that you need to reopen your case to avoid being accused of fraud.
Do not reopen your South Carolina Chapter 13 case without consulting a lawyer if you made a major mistake in reporting debts and/or assets. An attorney may need to represent you to help you avoid being accused of bankruptcy fraud.
