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
- Are alimony debt and payments dischargeable in bankruptcy?
- Are my student loans dischargeable in bankruptcy?
- Are tax liens dischargeable in bankruptcy?
- Can a Chapter 7 bankruptcy save my home from foreclosure?
- Can bankruptcy help my credit score?
- Can bankruptcy help with my income tax obligation?
- Can bankruptcy protect my workers compensation settlement funds?
- Can I discharge my old tax debt in bankruptcy?
- Can I file for social security disability while I’m still working?
- Can I receive workers compensation benefits if I was injured before or after clocking out?
- Can my re-enlistment bonus be discharged in bankruptcy?
- Can the bankruptcy trustee in my case seize the funds in my bank account?
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- How do I decide if bankruptcy is necessary?
- How do I know if bankruptcy is the right choice for me?
- How does the foreclosure process work in Georgia?
- How long does a bankruptcy case take?
- How long must I live in this area before I can file bankruptcy here?
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- My doctor released me to light duty, but my employer is insisting I do more strenuous work. What should I do?
- My ex assumed our joint debts as part of our divorce settlement. Now he's filed bankruptcy. What can I do?
- My house is being foreclosed – What can I do?
- My workers comp doctor has released me to light duty work. Can my employer cut off my weekly benefits?
- My workers compensation doctor says I can return to work, but I can’t do the job. What can I do?
- Ripped off by a debt settlement company?
- Social security benefits — Can a creditor garnish my bank account and seize my social security funds?
- The trustee has filed a motion to dismiss my Chapter 13 case. What are my options?
- What can I do to improve my credit score?
- What should I do if a creditor demands payment after I’ve filed my case?
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- What to expect: Your next appointment
- When is my bankruptcy case closed by the court? Is it possible to reopen the case?
- Where would my bankruptcy case be filed, and where would the hearings be held?
- Will I have to sell my primary home, rental property or vacation home if I file for bankruptcy?
- Will paying off an old debt raise my credit score?
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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.