5010-1:  Reopen a Closed Case or Adversary Proceeding: General Information

A Bankruptcy Case is CLOSED by the clerk's office after all activity is completed.  A clerk creates a docket entry with language to indicate the case is now closed.

• Bankruptcy Code section 350 governs closing of cases.
• Federal Bankruptcy Rule 5010 governs reopening a bankruptcy case after it has been closed.
• Local Bankruptcy Rule 5010-1 indicates a motion is required, and a fee may be required to file the motion.  However, a hearing is not required.

An Adversary Proceeding is CLOSED by the clerk's office after all activity is completed.  A clerk creates a docket entry with language to indicate the adversary proceeding is now closed.  

Neither the Bankruptcy Code nor Federal Bankruptcy Rules provide guidance on how to reopen an adversary proceeding.   Our court's LBR do not provide guidance, and there is no fee required.