how long can i reopen my chapter 7 case to file the second course

Once your Chapter 7 bankruptcy

is discharged, you have to wait eight years from the date you filed before you can file again. On top of that, there are also limits to how many times you can receive a discharge, making it important for you to stay on top of your finances so you don't have to file again. Bankruptcy Filing Restrictions

Full Answer

How long can a Chapter 7 bankruptcy case stay open?

You received an inheritance, life insurance proceeds, or lottery winnings during the 180 days following your bankruptcy filing. The trustee cannot personally reinstate your case, however. Instead, the trustee will ask the U.S. Trustee’s office to file a …

Can a Chapter 7 case be reopened without a trustee?

The First Motion is a Motion to Reopen Bankruptcy Case, which may or may not be set for hearing depending upon the particular judge. In most situations a filing fee will be required, and the fee will differ in a Chapter 7, 11, or 13 case. The judge will generally rule on whether to grant the Motion to Reopen before the judge will consider any ...

How do I reopen a bankruptcy case?

Aug 24, 2019 · Once your Chapter 7 bankruptcy is discharged, you have to wait eight years from the date you filed before you can file again. On top of that, there are also limits to how many times you can receive a discharge, making it important for you to stay on top of your finances so you don't have to file again.

Do I need to file a motion to reopen my case?

Oct 26, 2021 · When Time Is Tight. The overlooked judgment lien usually pops up when you are ready to sell your home or to refinance it. Often that means you are working to deadlines. A motion to reopen and to avoid a lien is likely to take 45-60 days before you have a bankruptcy court order in hand, voiding the lien.

How long after Chapter 7 can you refile?

8 yearsChapter 7 Bankruptcy - If you have received a discharge in a previous Chapter 7 Bankruptcy, then you must wait 8 years from the date you filed your previous Chapter 7 Bankruptcy to file again.May 14, 2014

How long do you have to wait between bankruptcies to file again?

How Often Can You File for Bankruptcy?Chapter to Chapter OptionsWait Time Between Bankruptcy FilingsChapter 7 to another Chapter 7 bankruptcy8 yearsChapter 7 now filing for Chapter 13 bankruptcy4 yearsChapter 13 now filing for Chapter 7 bankruptcy6 years (or payment in full on Chapter 13 repayment plan)1 more row•Jun 30, 2021

Can you file Chapter 7 twice?

Filing for Bankruptcy Twice: You are free to file a Second Bankruptcy under Chapter 7 even if you received a discharge in your previous case. If you wait long enough, you are also entitled to receive a discharge again.May 1, 2019

Can I get a conventional loan after Chapter 7?

The waiting period for a conventional loan after bankruptcy is: Chapter 7 – Four years after discharge date. Chapter 13 – Two years. If the case is dismissed, which happens when the person filing for bankruptcy doesn't follow the plan, it's four years.Nov 17, 2021

What is a motion to reopen in bankruptcy?

A) Filing a Motion to Reopen - Even though a bankruptcy case is closed, a debtor, trustee, or creditor may want the court to hear motions and enter orders in that bankruptcy case.

What is the first motion in bankruptcy?

The First Motion is a Motion to Reopen Bankruptcy Case, which may or may not be set for hearing depending upon the particular judge. In most situations a filing fee will be required, and the fee will differ in a Chapter 7, 11, or 13 case.

What is the second motion for a judgment lien?

The Second Motion is often a motion to avoid a judgment lien or a motion to extend the time to file Form 23, Debtor's Certification of Completion of Course Concerning Personal Financial Management.

How long do you have to wait to file for bankruptcy?

There are four different bankruptcy filing situations that could occur, according to legal website Nolo.com: Chapter 13 to Chapter 7 – In order to file a Chapter 7 after a Chapter 13 bankruptcy, you need to wait at least six years ...

How long can you file for Chapter 13?

Chapter 7 to Chapter 13 – Also called a Chapter 20 bankruptcy, you can file a Chapter 13 bankruptcy four years from the Chapter 7 filing date if the Chapter 7 was discharged. Chapter 13 to another Chapter 13 – Once your Chapter 13 bankruptcy is discharged, you can file another case immediately.

What is a 180 bar?

If you’re completely banned from refiling, it’s referred to as a 180-bar. A 180-bar is put in place if you break the court’s orders, commit bankruptcy fraud, or voluntarily dismiss the previous bankruptcy after the creditor files a motion for relief from the automatic stay.

Can you get a car loan if you file bankruptcy?

However, it’s possible to have your bankruptcy dismissed, instead. When a bankruptcy is dismissed, it's not completed, which means it’s harder to get approved for a car loan.

Records Against Property You Own

Can Your Chapter 7 Bankruptcy Case Be Reopened After Your Debt Is Discharged?

When Time Is Tight

The overlooked judgment lien usually pops up when you are ready to sell your home or to refinance it.

Common Reasons For Reopening A Bankruptcy Case

There are many reasons why you might want to reopen your closed bankruptcy case. If the court dismissed your case because of a minor procedural mistake , you can ask the court to reopen your case so that you can fix the error and obtain a discharge.

How To Get Student Loans Discharged In Bankruptcy

You can discharge student loans in bankruptcy if you can prove that repayment would cause you and your dependents an undue hardship. The Bankruptcy Code doesn’t define undue hardship. So bankruptcy courts determine undue hardship by applying a test.

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.

How Can The Debtor Obtain Another Copy Of The Discharge Order

If the debtor loses or misplaces the discharge order, another copy can be obtained by contacting the clerk of the bankruptcy court that entered the order. The clerk will charge a fee for searching the court records and there will be additional fees for making and certifying copies.

Bankruptcy: Reopening A Federal Bankruptcy Case

There are a variety of reasons why a federal bankruptcy case may be reopened after the debtor has been discharged and the case closed. A debtor may discover a claim, not known at the time the case was pending, and seek to reopen the case to discharge the claim.

Lysbeth Goodman

The notice was sent but many of these things happen automatically because of the volume of cases. Some courts accept the certificate without the cover form but the law requires the form and if not there by the deadline the case is closed with no discharge.

Tony E Carballo

You will need to file a motion to reopen, serve the creditors, You have to pay a $260 filling fee. The court does send out a notice that you haven't filed your proof of taking the financial management course. They send it to the attorney (if you have one) and the debtor so you should have received it.

Harley Aaron Feinstein

They would not have noticed an attorney either, they would have dismissed just like they did on your case. You just need to send the filing fee and a request to reopen, then file the credit counseling properly and the case will then be closed with a discharge.

Why is the reopening rule amended?

In order to avoid unnecessary cost and delay, the rule is amended to permit reopening of a case without the appointment of a trustee when the services of a trustee are not needed.

Why is a trustee not needed in a reopened case?

In most reopened cases, a trustee is not needed because there are no assets to be administered. Therefore, in the interest of judicial economy, this rule is amended so that a motion will not be necessary unless the United States trustee or a party in interest seeks the appointment of a trustee in the reopened case. ‹ Rule 5009.

Why is a trustee not needed?

See §§701, 702 (d), 1202 (a), and 1302 (a) of the Code. In most reopened cases, a trustee is not needed because there are no assets to be administered.

What is the meaning of Section 350 B of the Code?

Section 350 (b) of the Code provides: “A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.”.

Who is appointed as trustee in a chapter 7 case?

In a chapter 7, 12, or 13 case a trustee shall not be appointed by the United States trustee unless the court determines that a trustee is necessary to protect the interests of creditors and the debtor or to insure efficient administration of the case.

Can a court act without reopening a case?

Although a case has been closed the court may sometimes act without reopening the case. Under Rule 9024, clerical errors in judgments, orders, or other parts of the record or errors therein caused by oversight or omission may be corrected.

What happens if you fail to list a creditor in bankruptcy?

If you fail to list a particular creditor in your bankruptcy paperwork, that creditor will not receive notice of the bankruptcy and may attempt to collect after the case is closed and discharged. You can reopen your case to add the creditor.

How to reopen a bankruptcy case?

You can reopen a bankruptcy case by filing an ex parte motion that describes why you want to reopen the case. An ex parte motion is a motion that the judge will review right away without notice to any other parties. You must submit a proposed order with the motion.

What happens if you forget your name on a title?

If your name is on the title to a vehicle but you forgot you owned it because your brother drives it, and the bankruptcy court discharges and closes your case without your disclosing the vehicle, you will need to reopen the case to disclose your ownership interest in the vehicle. Example 2.

What does Chapter 7 mean in bankruptcy?

In a Chapter 7 case, this may cause your case to linger several months longer to allow the added creditor time to object to discharge. In a Chapter 13 case, this may mean you will have to pay more money to provide that creditor with the percentage to which it is entitled.

What happens if you fail to list valuable property in your schedules?

If you fail to list valuable property in your schedules and the case is closed, you must reopen the case and file amended schedules listing the property and exempting it . The trustee may also reopen the case for this purpose. Example 1.

What happens if you get hurt before filing for bankruptcy?

Example 2. If you get hurt before you file for Chapter 7, or before or during a Chapter 13, the proceeds from any personal injury claim or lawsuit (whet her from a judgment or settlement) becomes part of the bankruptcy estate, subject to any applicable exemptions.

Can a bankruptcy trustee dismiss a lawsuit?

Otherwise, the defendant in your lawsuit could try to dismiss the lawsuit on the basis that the bankruptcy trustee should have been the plaintiff, not you. Also, purposeful failure to disclose property in your bankruptcy schedules is an act of fraud as well as perjury (you sign your paperwork under oath).

What is Chapter 7 asset case?

If you file Chapter 7 bankruptcy and are in possession of assets that are not exempt, the trustee is empowered to sell them and distribute the money among the creditors. This is an ‘asset case’. However, it doesn’t necessarily mean that the trustee will sell all non-exempt assets. For certain reasons, the trustee may not choose to do so. In contrast, when the trustee gets no assets to sell, this becomes a ‘no-asset’ case.

How long can a Chapter 7 bankruptcy stay open?

The Chapter 7 trustee can keep the case open for about four to six months after filing the bankruptcy papers. However, this does not end with discharge, but with the court’s final decree. The importance of Chapter 7 asset case timeline cannot be overstated.

Why is a timeline important in Chapter 7?

This is because a timeline helps in the timely conclusion of the bankruptcy case, without which the case may go on for years. This makes the appointment of a bankruptcy trustee essential in overseeing the whole bankruptcy process. Categories.

What happens if a trustee discovers assets?

For this, the trustee will give the notice to file a proof of claim. If no assets are discovered, the trustee will file a notice of no distribution.

What is a no asset case in Chapter 7?

Chapter 7 asset case timeline. Filing for Chapter 7 bankruptcy comes in handy for those who don’t wish to turn over their property or cash to the Chapter 7 trustee, appointed by the court. If you have filed for Chapter 7, then you get to keep everything you own in what is called a ‘no-asset case’. The term ‘no-asset’ also conveys to ...

How long does it take to get a debtor education certificate?

Filing debtor education certificate: This certificate needs to be filed within 45 days after the meeting of the creditors, that is, approximately 75 days after filing. Discharge: A discharge given by the bankruptcy court bars the creditors from attempting to collect on their debt.

What is a 341 meeting?

341 meeting of creditors aims to give an opportunity to creditors to ask you questions after taking you under oath. Even the Chapter 7 trustee will also ask some questions to find out whether there are any assets to liquidate. This meeting needs to be held not earlier than 21 days after filing and no later than 40 days after filing. Some more meetings may be called for further questioning if the trustee needs more information.

How does litigation delay bankruptcy?

Two kinds of litigation can delay the closing of your bankruptcy case. Determining the dischargeability of a debt. If you or one of your creditors files a lawsuit asking the court to determine if one of your debts is dischargeable or not, the court will keep your case open until it decides the fate of that debt.

What happens if you have assets that are not exempt from bankruptcy?

If you have assets that are not exempt, you're required to turn those over to the trustee assigned to your case. The trustee's job is to gather the nonexempt assets, sell them, and distribute the proceeds to your creditors who filed valid proof of claims.

How to file for bankruptcy?

When you file a bankruptcy case, you'll have to complete certain requirements before you can qualify to have your debts discharged (wiped out). At a minimum, you're required to: 1 fill out bankruptcy paperwork with details about your financial situation, including your assets, debts, income, and expenses 2 pay a filing fee (or submit a fee waiver) 3 provide 521 financial documentation to the bankruptcy trustee (the official tasked with managing the case) 4 attend the 341 meeting of creditors 5 successfully oppose any objection to the discharge, and 6 complete credit and debt counseling courses (you'll complete the first course before filing your paperwork).

What happens to a trustee after liquidation?

The Trustee's Final Report. Once all assets have been liquidated, and claims paid, the trustee will file a Final Report with the court. Unless any party objects to the final report, the court will issue a final decree, and the clerk of the court will close the case.

How long do you have to wait to file a discharge order?

complete credit and debt counseling courses (you'll complete the first course before filing your paperwork). You'll have to wait 60 days after your meeting of creditors before the court will issue your discharge order.

What is Chapter 13 discharge?

In a Chapter 13 case, the court orders the discharge after plan completion. The discharge releases the debtor from qualifying debt liability. It also prohibits creditors from attempting to collect the discharged debt.

How long does it take for a Chapter 7 bankruptcy to end?

For most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt—about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect ( nonexempt assets ).

What happens if you don't disclose all your property in bankruptcy?

If the trustee or your creditors discover that you provided false information on your bankruptcy papers or didn't disclose all of your property, they can ask the court to reopen your case in order to administer those assets or even revoke your discharge. In some cases, you may also want to reopen your bankruptcy.

What do you have to do if a court closes your case?

Until the court closes your case, you have a duty to cooperate with the trustee. This means that you may still be required to: turn over nonexempt assets to the trustee. provide additional information or documentation. testify in a pending lawsuit, or. appear at a deposition or 2004 examination.

How long does it take for a bankruptcy to be discharged?

In Chapter 7 bankruptcy, you normally receive a discharge a few months after filing your case.

Can you file for bankruptcy if you received a discharge?

Just because you received a discharge doesn't mean that you have no more responsibilities in your bankruptcy. If you have a complex bankruptcy with ongoing lawsuits or appeals, your case might remain open for a long time after the court grants your discharge.

Do not sell personal information?

Do Not Sell My Personal Information. Most debtors file for bankruptcy relief to discharge (wipe out) their debts. But your bankruptcy doesn't end when you receive your discharge. Your case is not officially over until the court closes it by entering a final decree or order.

Can you reopen a bankruptcy case?

In some cases, you may also want to reopen your bankruptcy. For example, if you accidentally forgot to list a debt or if a creditor is violating your discharge, you might ask the court to reopen your case to address these issues.

Do your responsibilities end when you get discharged?

Your Responsibilities Don't End When You Receive a Discharge. Just because you received a discharge doesn't mean that you have no more responsibilities in your bankruptcy. If you have a complex bankruptcy with ongoing lawsuits or appeals, your case might remain open for a long time after the court grants your discharge.