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Reopening Cases

Local Rule Number: 
Rule 5010-1
5000 Series

(A)       Fees.  A motion to reopen a case must be accompanied by the filing fee in effect at that time, unless:  (1) the case is being reopened to correct an administrative error or for actions affecting the discharge of the debtor, (2) the motion is being filed by a trustee and contains a request for deferral of payment of fee until assets are recovered from the estate, (3) the motion is seeking to shorten the “with prejudice” period provision of a prior order of dismissal, or (4) the motion is seeking to reopen a chapter 11 case involving an individual debtor whose case was previously closed after confirmation of a plan but prior to entry of discharge.

[Comment: See “Clerk’s Summary of Fees”.]

 

(B)       Reopening to Amend Schedules to Add an Omitted Creditor. In a no-asset individual chapter 7 case, a motion to reopen a case to amend schedules to add an omitted creditor (1) must be accompanied by the filing fee required by subdivision (A) of this rule, (2) must be accompanied by a proposed order conforming to the Local Form “Order Reopening Case to Amend Schedules to Add Omitted Creditor,” and (3) must state why the debtor did not schedule the affected creditor or creditors prior to entry of the debtor’s discharge. The motion must be served in accordance with Bankruptcy Rule 7004, using the procedures set forth in either Local Rule 9013-1(D)(3)(i) or Local Rule 9073-1. Any affected creditor may object on any appropriate ground including, without limitation, that the subject debt is of a kind specified in paragraph (2), (4), or (6) of section 523(a) of the Bankruptcy Code and the creditor did not have notice or actual knowledge of the case sufficient to timely request a determination of dischargeability. No trustee shall be appointed. If the debtor fails timely to comply with the order, the case shall be reclosed without further notice.

 

[Comment: See also 11 U.S.C. §523(a) (dischargeability of debt) and Local Rule 9013-1(D)(3)(i) (matters for which negative notice can be used).]

 

(C)       Reopening to Administer Additional Assets.  In a chapter 7 case, a motion to reopen a case to administer additional assets may be filed without a reopening fee only if the trustee files a request for deferral of the fee pending recovery of assets.  The filing fee shall be paid from any assets recovered.

 

(D)       Motions to Reopen Chapter 13 Cases.  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.  A motion to reopen a case to correct the social security or other individual taxpayer identification number of the debtor must be accompanied by the required reopening fee and must be filed in accordance with the provisions of Local Rule 1009-1(C).

 

(F)        Reopening Case to Avoid a Judicial Lien.  A multi-part motion to reopen case and to avoid judicial lien must be accompanied by the fee required by subdivision (A) of this rule.  The motion to reopen case and to avoid judicial lien must comply with Local Rule 4003-2, and must be served in accordance with Bankruptcy Rule 7004, using the procedures set forth in either Local Rule 9013-1(D)(3)(f) or Local Rule 9073-1.  Upon entry of an order on the motion to reopen case and to avoid judicial lien, the case shall be reclosed without further order of the court.

 

[Comment: See also 11 U.S.C. §350(b) (reopening case).]

 

(G)       Reopening Case to File Official Bankruptcy Form “Certification About a Financial Management Course”.  If proof of completion of the required financial management course is not filed by the time the case is administratively ready for closing, the case shall be closed without entry of the discharge.  If the debtor subsequently completes the requirement, the debtor may file the certificate accompanied by a motion to reopen case to request entry of discharge and payment of any required reopening fee as permitted under Local Rule 9013-1(C)(21).

 

(H)       Reopening Case to File Required Local Forms for Issuance of Discharge.  In chapter 7, 12 or 13 cases closed without entry of a discharge under Local Rule 4006-1, for failure to comply with certification and statement requirements under Bankruptcy Rule 1007(b)(7) or Local Rule 4004-3(A)(3), or (4), the debtor may seek to reopen a case for the purposes of obtaining a discharge upon the payment of any required reopening fee and the filing and service of the local forms required under Bankruptcy Rule 1007(b)(7) and Local Rule 4004-3(A)(3), or (4).

 

☞2015 Amendment: Section (B) amended to eliminate need for debtor to file an adversary proceeding in order to add an omitted creditor to be discharged. Section (F) amended to clarify that multi-part motion to re-open and avoid lien are permissible. Section (G) amended to reflect correct title of Official Bankruptcy Form.