Can a creditor file a motion to reopen?

Can a creditor file a motion to reopen?

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.

What should I do if my bankruptcy case is reopen?

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.

What is the second motion in a bankruptcy?

The Second Motion is often a motion to avoid a judgment lien or a motion to extend the time to file Form 23, Debtor’s Certification of Completion of Course Concerning Personal Financial Management.

Is there a way to avoid a judgment lien in bankruptcy?

Fortunately, bankruptcy courts are very liberal about allowing a debtor to reopen a case in order to file a motion to avoid a lien. Some courts have allowed debtors to avoid judicial liens even if there is no equity in the property (and therefore no “impaired” exemption).

What happens to your credit when you file bankruptcy?

If you successfully complete your bankruptcy case, you will receive a discharge that wipes out your personal liability for most types of debt. In most cases, the court will close your case shortly after it enters your discharge. But the court can reopen your bankruptcy case for a variety of reasons even after you receive your discharge.

Can a trustee reopen a Chapter 7 bankruptcy case?

The trustee cannot personally reinstate your case, however. Instead, the trustee will ask the U.S. Trustee’s office to file a motion asking the court to reopen the case. If you believe that the property or funds in question should not be liquidated and distributed to creditors, you can oppose the motion on those grounds.

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