How to Reopen a Bankruptcy Case in Missouri
Posted on Jan 24, 2013 3:50pm PST
If you have started bankruptcy, closed the case, and now want to reopen it again, you may find that you are in a difficult situation. Yet with a Motion to Reopen, you may be able to begin your case where you left off, rather than have to re-file for bankruptcy and start from scratch. According to Ehow, there are many reasons why a person might find it necessary to re-open a bankruptcy case. For one, there are times that a client may have been unable to get a discharge that he or she wanted the first time around, and he or she may want to reopen the bankruptcy in order to try for this. As well, a person may want to add a creditor that was not included in the original bankruptcy petition. Whatever you reasons, you bankruptcy case may be reopened if you use a motion to reopen with an attorney.
Every debtor has the right to handle a case without legal assistance if he or she chooses, but this can often be complicated, lengthy and dangerous. One serious mistake can end up costing you money that you can’t afford. You will want to find out the local rules for writing a Motion to Reopen document. It is best to have a legal professional there to help you as your create this document because the format and phraseology may have a significant effect on whether or not the case will be reopened. You can find the list or rules regarding writing a new bankruptcy form at a Missouri bankruptcy court website. You can also find any forms that you may need to fill out on these websites.
You will probably want to call the bankruptcy court clerk to confirm whether or not the motion needs to include the date that the case was originally filed. You will also want to include the discharge date of the case and the reason why you believe it is necessary to reopen the matter. In order to reopen the case, chances are that you will have to pay a filing fee. This will vary depending on the chapter of bankruptcy that you are dealing with. For example, according to data from 2010, it cost $260 to reopen a Chapter 7 bankruptcy case and $235 to reopen a
Chapter 13 bankruptcy. You will also want to look at the information provided on the court websites for your jurisdiction to get a more accurate amount.
After you have gathered the money for fees and created the motion, you will need to file that motion to the Missouri district bankruptcy court where your firm’s bankruptcy case was handled. You will need to file the motion and give the fee to the bankruptcy court clerk. You may also want to mail a copy of the motion and the hearing date notice to the trustee and creditors that are involved in your bankruptcy case. These creditors do have the right to file an objection motion if they would like to. After you have filed the motion, chances are that the bankruptcy court will reopen the case.
A bankruptcy judge will need to approve your motion and will issue you a court date after this. Chances are that you will need to file any amended schedules and contact additional creditors if you need to add them in. You will also need to submit the appropriate motion if sanctions or injunctive relief is requested against a creditor that may have violated the bankruptcy code. You will be able to complete all the tasks needed during this time and then the bankruptcy case will be closed again. If you need more information about reopening a bankruptcy or filing for one in the first place, contact the Adams Law Group. The lawyers at this firm are dedicated to helping men and women all throughout the state of Missouri with their bankruptcy cases.