Can I Reopen My Bankruptcy Case After It Is Over?
Most times when a legal proceeding is over, the only way to have it reviewed again is to file an appeal. But, bankruptcy court is different. The rules and procedures that apply in bankruptcy court are special and unique, and can be hard to understand. But, knowledgeable bankruptcy attorneys are familiar with these laws, and can make sure they are applied to your case accurately. This includes knowing the difference between a chapter 7 and a chapter 13, and knowing what all to include when you file for bankruptcy.
Bankruptcy is designed to help the honest, but unfortunate, debtor to get a fresh start financially. This is done by filing a case that lists out all of the debts of the person filing for bankruptcy. When a case is initiated, a list of creditors is attached, so everyone you owe money to is put on notice that you have filed. From there, the case proceeds through the Court, with the ultimate goal being entry of discharge of debts. The discharge is the Court’s declaration that the debts in the bankruptcy are no longer due, and the lenders cannot ask that they be repaid. After discharge is entered, the case is closed a short time thereafter. Once closed, a case is considered final. However, there are certain circumstances under which a bankruptcy can be reopened. Those circumstances include:
- To administer an asset that was not fully administered during the pendency of the case.
- To afford relief to the debtor that was not provided during the bankruptcy.
It is up to the Court as to whether a case will be reopened, and a debtor who wishes to do so has to file a motion making this request. It is not uncommon to ask for a case to be reopened to do things like file reaffirmation agreements, or to make certain debt treatments clear. Contact our office for answers to all of your bankruptcy related questions, and let us help you with your case. We have experience with debt management solutions, and can help you develop a strategy that works for your family and for your budget.
For more information about bankruptcy, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that work for you.