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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.
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Can a discharged bankruptcy be reinstated?
Yes, for some reasons. You have to file a Motion to Reopen and pay the court the reopen fee which is currently $260 as of 5/12/07, plus whatever your attorney charges you. Here's a NON-exaustive list of common reasons people might want to reopen a bankruptcy case: You CAN usually reopen a case to: 1. Add creditors to a Chapter 7 NO ASSET case (as long as the debt was incurred before the date the bankruptcy petition was originally filed, unless it was a Ch 13 converted to Ch 7, in which case the debt had to have been incurred before the case was converted to Ch 7) 2. File Motion to Avoid Judgment Lien if that lien was not avoided during the case You can NOT usually reopen a case to: 1. Add creditors to a Chapter 13 or Chapter 7 ASSET case 2. File a reaffirmation agreement 3. File an action against the debtor Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
Why are some fresh choice restaurant closed?
The parent company filed bankruptcy in July 2012. All restaurants are now closed. There are rumors that some may reopen with a different format (e.g., buffet-by-the-pound).
What is active bankruptcy?
Active bankruptcy means an individual or business has filed paperwork for bankruptcy and the case is ongoing. This takes quite some time in many cases and the case can be active for awhile.
You filed bankruptcy and lost job and bankruptcy dismissed case?
You need to start off by talking to your attorney or get some professional help from financial advisors especially experts from bankruptcy,liquidation or insolvency.
What do you do when you forgot to list a creditor on your bankruptcy and it has already been discharged?
The normal procedure is to file a motion to reopen the case so you can add the crediotr that you forgot to list. A great deal depends on whether or not you had assets available to pay creditors. In some areas of the country, unlisted debts are still discharged if you have a "no asset 7" when no money was available to the creditors. You should consult a bankruptcy attorney to determine if further action is warranted.
If you have a medical bill that you forgot to include in your bankruptcy are you still liable to pay for it even if it was done before you file bankruptcy and later found out the insurance didn't pay it?
Yes, it is still considered your debt, even though you have had a bankruptcy discharge. You could try reopening the BK filing and adding the debt on. That however is complicated and expensive. Your best option IMO, is negotiate with the creditor. The Bankruptcy Code says a debt is not wiped out if it was not listed (see 11 U.S.C. 523(a)(3)), but there is some case law (not applicable in all jurisdictions) that says it IS wiped out in a Chapter 7 case IF it was inadvertently missed, IF the Chapter 7 was declared a "no asset" case, and IF the debt was of the sort that it would have been discharged had it been properly listed. In this situation, one could call their bankruptcy attorney and ask how much it would cost to reopen the case and add the creditor to the bankruptcy. The Court charges a reopen fee of $155.00 and an amendment fee of $26.00, plus the attorney would charge his or her fees to do the work. Then, one could ask the medical creditor how much they would settle the claim for. Whichever is cheaper is probably the best thing to do. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can filing bankruptcy stop a supreme court lawsuit?
Some states call their trial courts supreme courts. In most states, the supreme court, like the federal Supreme Court, is the highest appellate court in the state. A bankruptcy may not stop a case on appeal to a state supreme court. But if it is a trial court, then bankruptcy can stop a case from going forward. Consult a local bankruptcy lawyer.
What would allow a debtor to repossess a car while in a stay under a bankruptcy?
Depends how the bankruptcy was set up and whether the car was listed. There should be some consideration in that case as to whether you can make the payments, or not.
Why did george reeves kill himself?
No one knows. He didn't leave a note and today there are some who think he was actually murdered ( this includes his family) and would like to reopen his case.
Brother was murdered in 1994is there some that can help to reopen his case?
Unless you have some VERY compelling evidence or new facts to present it will be pretty difficult. If you have any such information get an appointment to speak with the prosecutor's office and present it to them.
Questions To Ask When Meeting with a Bankruptcy Lawyer?
If you are planning to file a bankruptcy, you should find an experienced, competent bankruptcy lawyer if you want to succeed. Filing a bankruptcy is a huge decision, but it can help you lift the burden of financial debt from your shoulders. When you meet with a bankruptcy lawyer, you should ask the following questions. Ask your bankruptcy lawyer if you should file a bankruptcy and find out what options you have. A good bankruptcy lawyer can help you decide if you should file a Chapter 13 or Chapter 7 bankruptcy. You should also find out what the negative effects and benefits are for filing a bankruptcy. You should find out who will be handling your case. Sometimes the person you meet or speak with is the not the person that handles bankruptcy cases. It would be a good idea for you to talk with the person who is handling your case to discuss your concerns. If you do not feel comfortable with the person who is handling your case, you should find a new bankruptcy lawyer. You should also find out if the bankruptcy lawyer is experienced. Find out how many years he has been handling bankruptcy cases. You should only hire an experienced bankruptcy lawyer to represent your case. When you are shopping around for bankruptcy lawyers, find out how much they charge for their services. Some bankruptcy lawyers charge a flat fee and others charge an hourly rate. Also, you should find out if there are any additional costs for using their services. Compare rates with several lawyers before you choose one to represent you. When you are comparing bankruptcy lawyers, you should also find out what the process involves, what they will need from you, and how long the whole process will take before you find out if your case is approved. Before you meet with a bankruptcy lawyer, jot down any other questions or concerns that you have. That way, you will be able to make an informed decision.
Why are some debts in a bankruptcy ineligible for discharge?
The reasons for the nondischargability of such debts include: the nature of the debt, policy reasons to protect the creditors (e.g., support obligations for one's family), and debts arising because of the debtor's misconduct.
