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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.
What else can I help you with?
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.
Will the bankruptcy court take a lawsuite settlement?
It depends on the specific circumstances of your bankruptcy case and the laws in your jurisdiction. In some cases, lawsuit settlements may be considered part of the bankruptcy estate and subject to distribution to creditors. It's best to consult with a bankruptcy attorney for guidance tailored to your situation.
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.
Do you know if a certain form exists or an example of a Motion to Reopen a chapter 7 Bankruptcy?
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.AnswerIRS 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.AnswerBankruptcy 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 LiensIf 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.
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.
