Do you have to file a motion to reopen bankruptcy?

Do you have to file a motion to reopen bankruptcy?

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.

How do I reopen a bankruptcy case and is a fee?

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 23 to the FIRST MOTION, as the judge may allow Form 23 to be filed without the debtor having to file a second motion and without conducting a second hearing.

How much does it cost to file a motion to reopen?

For filing a motion to reopen, the following fees apply: For filing a motion to reopen a Chapter 7 case, $245. For filing a motion to reopen a Chapter 9 case, $1167. For filing a motion to reopen a Chapter 11 case, $1167. For filing a motion to reopen a Chapter 12 case, $200. For filing a motion to reopen a Chapter 13 case, $235.

How much does it cost to reopen a Chapter 7 case?

If the filing fee for the chapter to which the case is requested to be converted is less than the fee paid at the commencement of the case, no refund may be provided. 11. For filing a motion to reopen, the following fees apply: For filing a motion to reopen a Chapter 7 case, $245.

Where do I send a motion to reopen and reconsider?

Do not mail motions directly to the AAO . The correct filing address for a motion is listed at www.uscis.gov/i-290b-addresses . Any motions mailed to the AAO will be returned, will not be considered filed, and will not retain a filing date. Motions must contain the required filing fee or a fee waiver request.

When does a debtor have to reopen a case?

In re Madaj, 149 F.3d 467, 468 (6th Cir. 1998). 4 This confusion is caused by decisions that erroneously hold that once a case is closed, the debtor must reopen her case in order to discharge a pre-petition debt by amending her schedules to list an omitted creditor.

Can a chapter 13 bankruptcy case be reopen?

How to Get a Dismissed Chapter 13 Bankruptcy Changed to a Discharged Generally speaking, if you file bankruptcy and earn your discharge, you shouldn’t have the need or desire to reopen the case. However, in certain situations it may be to your benefit to reopen the case and make some adjustments.

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.

Can a case be reopened on a motion of interest?

Reopening Cases A case may be reopened on motion of the debtor or other party in interest pursuant to §350 (b) of the Code.

How to reopen a chapter 13 bankruptcy case?

A motion to reopen a chapter 13 case for the purposes of reinstating the case must comply with the provisions of Local Rule 9013-1 (E). (E) Reopening to Correct Social Security or other Individual Taxpayer Identification Number of Debtor.

Can a bankruptcy district reopen a bankruptcy case?

Consult the local rules for your bankruptcy district. Although the United States Code is the authority that grants you the right to reopen your bankruptcy case, most bankruptcy districts have their own specific requirements for you to do so.

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