Motion to Reopen Main Case
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11 U.S.C. 350(b) Event: Bankruptcy > Motions/Applications > Reopen Chapter xx Case |
A Closed Case May Be Reopened to: 1) Administer Assets, 2) Accord Relief to the Debtor; or 3) For Other Cause 11 U.S.C. 350(b).
A Closed Case DOES NOT Need to be Reopened to: 1) File a Motion for Contempt (unless additional relief is requested) or 2) Request an Order of Discharge (Ch. 11 Individual Debtor).
Note: A Motion to Reopen is Not Required to file an adversary against the U.S. Department of Education under 11 U.S.C. 523(a)(8) Dischargeability of Student Loan Debt
Under current law, a debt for an educational loan is non-dischargeable, unless excepting such debt from discharge would impose an undue hardship on the debtor and the debtor's dependents.
Filing Requirements:
- Motion to Reopen Case
- Notice of Motion and Proof of Service (if required)
- Proposed Order (if required)
- Filing Fee (if required)
- Ch. 7: $260.00
- Ch. 11: $1167.00
- Ch. 12: $200.00
- Ch. 13: $235.00
Reopening Guide
| To file: | Notice Required | Fee Required |
| Amended Schedules | 14-day notice to parties in interest unless circumstances require more or less time. | Yes |
| Motion (other than a motion for contempt or motion to redact) | 14-day notice to parties in interest unless circumstances require more or less time. | Yes |
| Reaffirmation Agreement | 14-day notice to parties in interest unless circumstances require more or less time. | Yes |
| Adversary | 14-day notice to parties in interest unless circumstances require more or less time. | Yes; however, reopening fee is not required if action relates to debtor's discharge. |
| Financial Management Certificate | 14-day notice to parties in interest | Yes |
| Administer Assets | No notice necessary but courtesies should be observed | Fee is deferred if filed by trustee; fee is exempt if filed by UST. |
| Motion to Redact | No notice necessary but courtesies should be observed | No |
| Correct an Administrative Error made the clerk's office or Court | No notice necessary | No |
| Request for Order of Discharge (Ch. 11 Individual Debtor) | A Motion to Reopen is not required. See instructions for Notice of Completion of Plan Payments and Request for Order of Discharge (Ch. 11 Individual Debtor) | No |
| Adversary under 523(a)(8) |
A Motion to Reopen is not required. The Court will administratively reopen the case for the determination of dischargeability of a U.S. Department of Education student loan. |
No |
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Motions/Applications].
- Enter the case number (e.g, xx-xxxxx).
- Select [Reopen Chapter xx Case] from the event list.
- Select the party filer.
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Browse to select the Motion (.pdf file).
Note: The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF. - If you are filing a Notice and Proof of Service, enter the last day to file objections (defaults to 14 days; modify if necessary); otherwise, remove the date.
- To pay via credit card, leave the receipt field blank and select NEXT to continue filing.
Note: If filing fee is not required, type either "deferred" or "exempt" in receipt field. - Modify the text as appropriate.
- Verify the final docket text; if correct, click [Next] to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case. - Electronically file any Proposed Order. Instructions