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    Reopening your case?

    Has anyone ever reopened their case? If so:

    Why?
    What was the timeline?
    What were the procedures?
    Were you successful?

    #2
    Not really a direct answer to your question, but I have a situation that may require reopening my case in the future (a year or two). My lawyer said it wasn't that big of a deal but it would cost about $1000 (including attorney fees)

    Comment


      #3
      Most cases are reopened after closing due to the debtor receiving an inheritance, winfall, or lottery winnings...... or trustee does an audit and finds that he missed an asset he could have taken.

      The trustee can reopen a closed case up to one year after its closed... but he has to petition the Court and the Judge to do it......

      Doesn't happen often.....
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        This is from the FAQ on the Colorado Bk site:

        32. How can I get a case reopened?

        You may file a Motion to Reopen stating the grounds for reopening the case, and pay the appropriate filing fee in full. A filing fee is not required when the purpose of reopening the case is to enforce the discharge. The Judge will determine whether to reopen the case and may hold a hearing.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment


          #5
          I'm sure some people do this, but it's very difficult to imagine why a debtor would. Most of us join the 60 day club, do the big dance waiting for the case to close and all this to only open it again. I'm sure the few that do it have a good reason for it, but I along with most of you couldn't imagine it. It reminds me of the part in ghostbusters where they released all the ghosts that were contained and they made a mess of things.

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            #6
            Would have to be one whoppin' debt someone forgot to include, maybe??!!
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              Originally posted by SinkingFast
              Would have to be one whoppin' debt someone forgot to include, maybe??!!

              I know. Unless it's "very whoppin" I would suck it up and pay it out the best I could. Imagine doing this awful 60 day torture chamber only to reopen the chamber again? Ouch!

              Comment


                #8
                I looked back and now I know why BKDiv's asking.

                He/She wanted to reaffirm home and car loans and evidently the paperwork didn't get processed properly or filed with the Court. Those loans were discharged with the BK.

                Maybe BKDiv wants the case reopened to get the reaffirmations filed??!!
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

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