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Reopen A Bankruptcy Case, How Do I Do This And Is A Fee Required?

A) Filing a Motion to Reopen - Even though a bankruptcy case is closed, a debtor, trustee, or creditor may want the court to hear motions and enter orders in that bankruptcy case. If so, it is necessary to file TWO MOTIONS. The First Motion is a Motion to Reopen Bankruptcy Case, which may or may not be set for hearing depending upon the particular judge. In most situations a filing fee will be required, and the fee will differ in a Chapter 7, 11, or 13 case. The judge will generally rule on whether to grant the Motion to Reopen before the judge will consider any motion you wish to file once the case is reopened.

B) Filing the Underlying Motion or Certificate re Personal Financial Management - If the judge grants the Motion to Reopen the case, it is time to file the Second Motion. The Second Motion is often a motion to avoid a judgment lien or a motion to extend the time to file Form 423, Debtor's Certification of Completion of Course Concerning Personal Financial Management.

If the purpose of reopening the bankruptcy case is to allow filing of the Certification of Completion of Instructional Course Concerning Personal Financial Management, attach Form 423 to the FIRST MOTION, as the judge may allow Form 423 to be filed without the debtor having to file a second motion and without conducting a second hearing.

C) Exception to Needing to Reopen Bankruptcy Case - It is not necessary to file a Motion to Reopen the case in order to file an adversary proceeding pursuant to Bankruptcy Code Section 523(a)(3).

FAQ Type: 
After Filing Bankruptcy