A bankruptcy can almost always be reopened. Unless the "liquid assets" were available to the debtor at the time of filing or fall into one of the categories (gambling winnings or inheritance) that had to be reported within 6 months of discharge, four years is way too late to go after them. Even in Texas.
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
If you did not include your landlord in your schedule of unsecured debts, and you owe him, then he can go to small claims court. His being informed of the bankrupcy but not included--does not release you of the debt. Call your attorney and see if he can add the landlord--depending on the amount--it may not be worth it if it is still possible. * Once a bankruptcy has been discharged it cannot be reopened to include debts. It can sometimes be reopened to include non exempt assets of the debtor.
The most common reason is the filer wants to add creditors onto the bankruptcy schedule. The trustee can also ask for the BK to be reopened if they suspect that nonexempt assets were not included at the time of the original filing. There are a few other conditions in which a BK can be reopened. The discharge of bankruptcy does not actually 'close' the bankruptcy, it may remain open for an undetermined amount of time, depending on circumstances.
A Chapter 7 bankruptcy cases can be reopened after discharge and case closure under certain circumstances. Many bankruptcy courts routinely grant debtors' motions to amend schedules to list previously omitted creditors. But reopening a closed, no-asset case to add a creditor has no effect on whether the omitted debt is discharged.
If the ER visit was prior to the filing of the c. 7, yes. You may not even need to re-open the case. Your discharge order says it discharges all dischargeable debts. The debts are not listed as such in the order. The fact that your insurance company refused to pay it does not alter its status as dischargeable. A new c. 7 bankruptcy cannot be filed for 8 years, but you could file a c. 13 if needed.
No, there is currently no time limit to reopen a chapter 7 bankruptcy filing. However, it will be up to the bankruptcy court if the case is reopened.
if people use quartz as a medium of exchange, then they
Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.
Filing bankruptcy creates an "automatic stay" which is a court order stopping most efforts to collect a debt, including lawsuits. Whether or not you are eligible for a discharge of the particular debt depends on the type of claim filed against you. Certain debts are not dischargeable. The decision to file bankruptcy and which type of bankrupty to file should be made after consultation with a qualified attorney. You must another an number of factors into consideration such as the amount of your dischargeable debt, value of your assets, income and expenses.
That is the correct spelling of "reopened" (opened again).
Having a bankruptcy reopened to include debts is very difficult, it is usually only allowed if the BK has been ruled a "no asset" case. The ususal reason for reopening a BK, is non-exempt assets have been found and are of enough value to liquidate and the monies be used to repay creditor(s). Contact the bankruptcy trustee for specific information pertaining to an individual case.
Dehiscence is the medical term meaning a surgical cut that reopened.