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REOPEN A CLOSED CASE: To File Discharge Forms

Section 1 - Common Bankruptcy Procedures & Information
Section 2 - Serving Documents & Giving Notice
Section 3 - Judges' Procedures -- Judges' Webpages
Section 4 - Match Local Bankruptcy Rules with Forms

5010-1(b):  REOPEN A CLOSED CASE: To File Discharge Forms

A bankruptcy case can be closed without entry of discharge if a debtor has not filed specific forms required to obtain a discharge.  Often the reason is the debtor did not file a certificate of completion of a course in financial management.  See link below to Official Form 423.

LBR 5010-1(b) allows for a ONE-STEP process to reopen the case because the only reason to reopen the case is known, which is to file forms to obtain a discharge.

  • The court has a mandatory form motion.  See link below
  • The motion requires a filing fee.  See link below
  • The debtor must file a notice of motion.  However, because only a debtor can file these forms, no additional service of the motion is required.  See LBR 9013-1(q).  The court has a form Notice of Motion for Order Without Hearing.   See link below T
  • The court has a form order.  See link below.    

 

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
5010-1(b)
Reference to Local Rules and/or Forms: 
Certification About a Financial Management Course
Motion in a Chapter 7 or 13 Case (1) to Reopen Case and (2) for Extension of Time to File Forms Required for Discharge [LBR 5010-1; 9013-1(q)(11)]
Order on Motion in a Chapter 7 or 13 Case (1) to Reopen Case and (2) for Extension of Time to File Forms Required for Discharge [LBR 5010-1]
Notice of Motion for Order Without Hearing [LBR 9013-1(p) or (q)]
Rule 5003-2 through 5095-1
Reference to Common Topics: 
Filing Fees