How Do I Reopen the Dismissed Bankruptcy?
A dismissal in a bankruptcy case is an action taken by the court on its own motion. Unlike a discharge, a dismissal does not afford the debtor any protection from creditors or allow the debtor to repay the debts according to a bankruptcy plan. A dismissal leaves the debtor in the same position she was in before the petition was filed.
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Instructions
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Determine why the court ordered the dismissal of the bankruptcy petition. Most dismissals are ordered for failure to pay filing fees, filing in the wrong district or other procedural issues, such as missing or incomplete forms.
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Correct the reason for which the order of dismissal was issued. If the failure was for non-payment of filing fees, then request to pay fees in installments or pay the fees in full. Check with your attorney or the court itself for guidance on missing forms or incorrect or incomplete forms. Make sure you are filing in the correct district by calling the court.
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Prepare a motion for reconsideration asking the court to reconsider the order of dismissal. In the motion, clearly state the reason the case was dismissed and what you have done to correct the problem. Attach proof that you have paid filing fees or that you have submitted missing, incomplete or incorrect forms.
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Prepare an order for the court to sign reopening the bankruptcy case and include it with the motion. Deliver the motion and order to the court with the appropriate number of copies. Parties to the case (creditors) do not need to be served with the motion.
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Tips & Warnings
Check with the United States Courts Bankruptcy website in your district for additional information and forms.
Be aware of time limits within which you must file a motion to reconsider. If the motion is not timely filed, you will have to file a new petition.
