How to Reopen a Discharged Chapter 7 Bankruptcy
Sometimes, circumstances leave people unable to pay their bills. If a person's debts exceed his assets, he may apply for bankruptcy. There are several different forms of bankruptcy. One of the most commonly used is Chapter 7 bankruptcy, often referred to as liquidation. After the bankruptcy process has been completed, it may need to be amended to account for debts left out of the initial filing. This legal process is called "reopening the discharge."
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Instructions
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Contact the tax attorney involved in the initial filing. Make sure the debt in question was accounted for during the first case. You may have forgotten about it. If the debt was included, you do not need to reopen the case.
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Visit the website of the court where the motion was filed. Most courts have websites with access to copies of court documents that you can download and use. You will find a form that allows you reopen the case. Download the document that indicates you can use it to apply for a motion in court to amend the original petition. You will also need an order form that the judge can sign to allow you to do so. The website should have this information as well. If the website does not have this information, you should be able to obtain it with a visit to the actual courthouse.
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Create an amended schedule. The amended schedule will let you add creditors. The form used will vary. Schedule A is for real property debt. Schedule B is for personal property. Schedule C is for items covered by an exemption. Schedule D is for mortgages and car loans. Schedule E is for taxes, student loans, child support and other largely non-dischargeable debt, such as spousal support. Use Schedule E and Schedule F for credit cards and personal loans.
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Make sure you have all documents necessary. After that, you can bring the documents to the court directly or send them by mail. You will have to pay a fee to reopen the case. Bankruptcy filings may also be completed electronically. Check with court directly. Copies of all documents should also be mailed directly to those parties who are affected by the filing. Make sure you have all names correctly written on the documents.
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Appear in court if necessary. In some districts, you may have to appear in court in person to find out if the motion has been granted. Make sure you know exactly what date you must show up.
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