The errors in the first answer are mostly clarified in the second, but consult an attorney familiar with the topic.
They answers also do not answer the question ;) and that was where to find a form - and the very simple method of obtaining the document from Pacer will always work for such a need.
After a web search gives you a case number and a reference to a Motion to Reopen Bankruptcy Case, log into Pacer (http://www.pacer.uscourts.gov) or the Electronic Case Filing server for the court referred to, search for the case and court, obtain the docket report, find the Motion to Reopen, and download that document and edit it.Answer
IRS obligations do not get discharged as the result of bankruptcy. All other creditors have to write off their debts, but the IRS gets to threaten you for the rest of your life, and even go after your estate.Answer
Bankruptcy is a Federal Case, and the form would be the one used by the circuit in your area. Speaking to the Court Clerk should get you what they want to see.
Re-opening a closed case is not for the faint of heart or wallet. And, if it even can be done, some real cause for it better be able to be shown...the fact that you just promised the court (and everybody else) something, many times over, made agreements etc. (probably that even had references to taxes, etc) but apparently didn't think about taxes, simply may not fly.
Then, as above notes, do you really want to do so? Probably depends on the Chapter you filed and if/when you filed returns, when the IRS gave their notices and if there is a lien already: Most tax debts can't be wiped out in bankruptcy -- you'll continue to owe them at the end of a Chapter 7 case, or you'll have to repay them in full in your Chapter 13 plan.
If you need to discharge tax debts, Chapter 7 will probably be the better option -- but only if you qualify for Chapter 7 and your debts qualify for discharge.
You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:
* The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy. * You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help. * The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy. * You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy. * You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)
The Effect of Federal Tax Liens
If your taxes qualify for discharge in a Chapter 7 bankruptcy case, your victory may be bittersweet. This is because prior recorded tax liens are not affected by your filing. A Chapter 7 bankruptcy will wipe out your personal obligation to pay the debt, and prevent the IRS from going after your bank account or wages, but any lien recorded before you file for bankruptcy remains. In effect, this means you'll have to pay off the lien in order to sell the property.
on a motion to reconsider what information is needed in the motion area
A motion by a debtor to dismiss a case under Section 1307 B means that any debt not settled under Chapter 7 bankruptcy, can be dismissed. But, this is only under certain conditions.
The debtor (or the debtor's attorney) can do this with a simple filing - usually an "Ex Parte Motion to Convert Chapter 13 to a Chapter 7." Providing the debtor's bankruptcy has not previously been converted already, the debtor/debtor attorney can do this without the permission or advance permission of either the bankruptcy judge or the Chapter 13 trustee that is managing the bankruptcy up until that point (hence, the "Ex Parte" part of the document). There are notice requirements - check with your local bankruptcy district to see who this needs to be mailed out to. Also, there is usually a small fee involved (it usually involves the debtor paying the difference in cost between a Chapter 13 and a Chapter 7 filing, but may be different - again, check with your local bankruptcy court). The debtor will be required to go through another 341 creditor's meeting with the new Chapter 7 trustee.
Filing a bankruptcy stops ALL Garnishments, foreclosures, etc. (Even the IRS)
A "motion to modify" a chapter 13 can be filed for almost any reason. Contact the BK trustee for the exact procedures required.
Assuming the chapter 7 led to a discharge, you may be able to file chapter 13 immediately, but the automatic stay may not last long without a motion to extend it indefinitely. If the filing date of the 7 was 10 years ago, you should not have this problem. Not all bankruptcy courts have interpreted the statutes and regulations the same way, so consult a local bankruptcy lawyer. Bankruptcy is a federal procedure in most states, and is the same from state to state, more or loss.
That's a pretty good indicator of their intent.
You can dismiss a bankruptcy. (Motion to dismiss) However, you will no longer be under the protection of the bankruptcy courts, will still owe everything, and will still have a bankruptcy on your credit report. You may also be prevented from filing again for quite some time. Talk to an attorney about your individual circumstances and how your local Bankruptcy court handles these situations.
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.
The exact procedures will vary by the rules of your local bankruptcy court, but a Chapter 13 debt can voluntarily dismiss a bankruptcy at almost anytime. Where I practice law, the debtor just needs to complete and sign a one page form and submit a proposed order. Both are forms you can get from the local bankruptcy court. The website for your local bankruptcy court should have the forms you need.
Yes, if the creditor first obtains relief from the automatic stay. This is accomplished by filing a motion and proving that you have not made payments on the vehicle.
You file a motion to convert, with copies to the trustee, the US Trustee and creditors. You have to file the appropriate documents for a chapter7 and may have to amend filed documents. Check your court's local rules and forms.
A motion to compel abandonment is a bankruptcy court action. It seeks to force the debtor or trustee to abandon property included in the bankruptcy case.
In 37 years of bankruptcy practice, i have never seen a "No Opposition Order." If no opposition to any motion is filed, after the time allowed for such oppositions, the court issues an order allowing the motion, stating that no opposition was filed.
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
Motion for Relief of Stay - a motion filed with the Bankruptcy Court from a creditor that asks the court to allow the creditor to proceed with any collections upon property that was put on hold due to bankruptcy Withdrawl of motion for relief - creditor tells the court "never mind" basically on the motion that was filed for a variety of reasons. An example of a reason to withdraw would be that a motion for relief was filed in error because a debt is actually current, not in default.
Yes, but only if you file motion for relief from stay with the bankruptcy court stating grounds for the judge to allow the motion.
Not without the express permission of the court. You will need a motion and a copy of the proposed loan instrument (agreement) with all terms filled in.
You will need to file a new Chapter 13 bankruptcy, propose a new Chapter 13 repayment palnt and demonstrated to the Court's satisfaction that you have the ability to pay the plan payments.
Because of the "automatic stay", which goes into affect as soon as a Bankruptcy is filed, your car cannot be re-possessed while the Bankruptcy is in progress (unless the creditor files a motion with the court asking for relief from the automatic stay). However, as soon as the Bankruptcy is discharged or closed - which occurs approximately 6 months after it is filed - the car can be re-possessed.
By not making your payment to the trustee. He will see you fell behind, and file a motion to dismiss your case. OR, pay back the entire amount you owe in a lump sum.
By complying with the requirements of the bankruptcy code. Correct the particular grounds that support the motion to dismiss.
a motion that varies up and down, or left and right, about a certain position. For example the pendulum of a clock, the motion of a swing, a wave on the beach, a mechanical vibration, etc.
It is *possible* that the Bankruptcy Trustee may accept a motion, made by your attorney. But, there are many considerations including is it a Federal tax debt or state? What is the amount, was there fraud involved and so on;