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Motion to Reopen Bankruptcy 2016-2024 Form
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People also ask
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Can you refile bankruptcy after dismissal?
The law says that a person who has received a “discharge” in bankruptcy must wait several years before being eligible for discharge in another case. However, if you were in a Chapter 13 case that was dismissed before you received a discharge, then this limitation doesn't apply. You would be free to refile immediately. -
How long after a bankruptcy discharge is the case closed?
Most Chapter 7 bankruptcy cases take between 4 - 6 months to complete after filing the case with the court. The order erasing eligible debts can be granted as early as 90 days from the date the case was filed. No-asset cases are typically closed a couple of weeks after the discharge date. -
Can a creditor reopen a bankruptcy?
The trustee or your creditors can also ask the court the reopen your bankruptcy after you receive a discharge. In most cases, the trustee or your creditors will want to reopen your case if they: find assets that you didn't disclose in your bankruptcy paperwork. -
What does it mean to reopen a bankruptcy case?
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. -
What does motion of relief of bankruptcy mean?
The automatic stay is an injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. -
What happens when a bankruptcy is reopened?
But keep in mind that in many situations, after you reopen your case you'll have to file other paperwork to request the relief you seek (such as adding a creditor, filing a motion to avoid a lien, or initiating an adversary proceeding against a creditor for violating your discharge.) -
What is a motion of reopen Chapter 13 bankruptcy?
You can reopen a bankruptcy case by filing an ex parte motion that describes why you want to reopen the case. An ex parte motion is a motion that the judge will review right away without notice to any other parties. You must submit a proposed order with the motion. -
Can debts discharged in bankruptcy be reinstated?
As soon as a bankruptcy case is dismissed, the automatic stay ends and collections can resume. You can either reinstate your case or file a new bankruptcy one.
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