Frequently Asked Questions

When is my bankruptcy case closed by the court? Is it possible to reopen the case.

In most bankruptcy cases, shortly after the final discharge order is entered by the court, the case is closed. However, this is not always the case. In some Chapter 7 bankruptcy cases, the case may remain open for months, or even years, after the discharge has been granted. This can be true when the Trustee is still trying to sell property or recover funds that are property of the bankruptcy estate and can be used to pay creditors, or when the court is still considering disputes over whether a particular debt is eligible for discharge.

Occasionally, there is a need to petition the court to reopen a bankruptcy case. This can be true when there is a dispute over whether a debt was discharged. Another example is when a creditor is trying to collect a discharged debt, and the debtor needs the court to take steps to enforce the discharge order. It is also sometimes necessary to reopen in order to file an amendment, or file a reaffirmation agreement.

Reopening the case for these purposes does not change the discharge date, and does not normally give creditors a new chance to file objections.
When it is necessary to reopen a case, the debtor’s attorney will file a motion with the court. It is within the court’s discretion to reopen the case, or refuse to do so. If you feel your case should be reopened, be sure to fully discuss the matter with your attorney. He/she should fully advise you of the pros and cons, and the cost of filing the motion and taking whatever other steps are needed.

Other Frequently Asked Questions

Client Testimonials

Attorney Jason Braswell & Lisa LaCount are just wonderful...not one time have I call the office that I didn’t get a chance to speak directly to Jason or Lisa, or receive an immediate return call/email with a response. Thanks to this attorney team, my mind and our finances are in order. - C.P.

Catherine Pettit

Morgan & Morgan worked on disability benefits for my unemployed 50-year old brother who was homeless and suffering from autism/Asperger’s syndrome. We all knew nothing (!) and Mr. Morgan was a breath of fresh air.

Disability client

My experience with Morgan & Morgan was exceptional!!! I was very well informed about their procedures and felt comfortable about going forth with my case. Everything was handled with importance. - C.J.

Casmin Jones

We were fully enlightened about our situation which helped us choose our best choice concerning a problem. We would recommend Mr Braswell to our friends. - H.A.

Harold Andrews

A very respectful law firm that has very good customer service which is job one in the human world. Thank you Morgan and Morgan of Athens, GA. - W.S.

W.S.

Jason is the best lawyer ever. I appreciate everything he's done in my case. I could never thank him enough.

Bobby

Dedicated to providing superior service not found elsewhere.

Morgan & Morgan attorneys can help settle your debts such as credit card debt, auto loans and mortgage debt. Contact us if you need assistance with baknruptcy or have any questions about the process. No problem is too big or too small for us to help.