How to Reopen an Old Bankruptcy Case
Some circumstances warrant the opening of an old bankruptcy case. Your case may have been closed without a discharge because you did not complete the debtor education course or filed incomplete documents. To reopen a bankruptcy case, draft and file a motion to reopen and ask the judge to grant your request.
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Instructions
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Review the bankruptcy code and the local rules of bankruptcy procedure for your district. The bankruptcy code sets forth the federal rules, while the local rules describe the requirements the judge in your district insists on. These statutes will give you guidance when drafting the motion to reopen your bankruptcy case.
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Draft a motion and proposed order to reopen your bankruptcy case. The specific form and requirements for this motion varies from state to state. Generally, you must state when the case was originally filed, when it was closed and why you wish to reopen it. Usually, the reason to reopen a case is to complete the debtor education course to allow for a discharge.
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File the motion and proposed order. File electronically. If you cannot file electronically, you may file the motion by mail or in person at the bankruptcy clerk's office.
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Pay the filing fee. The filing fee to reopen a case is typically the same fee to file the original bankruptcy.
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Notify all creditors and interested parties. To do this, you must mail copies of the motion to all of your creditors and attorneys that have made an appearance in the case. Once everything is filed, you will wait to see if the judge grants your request.
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References
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