Reopen Bankruptcy Case (Motion)

 

Rev. 3/31/2017

 

Fed. R. Bank. P. 5010

11 U.S.C. § 350(b)

Miss. Bankr. L.R. 5010-1(d)

 

 

A Motion to Reopen is filed to request the reopening of a closed case.  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.  i.e. A case may be reopened to file amendments to schedules, file an adversary proceeding, administer assets, etc.

 

 

  • It is not necessary to reopen a closed case when the purpose for reopening is solely to file a motion to redact information from the case record.  However if a motion to reopen (solely for redaction purposes) a reopening fee is not collected.  See Redact Document and Restrict Public Access

 

 

Docket Events:

[Bankruptcy> Motions/Applications> Reopen Chapter 11]

[Bankruptcy> Motions/Applications> Reopen Chapter 12]

[Bankruptcy> Motions/Applications> Reopen Chapter 13]

[Bankruptcy> Motions/Applications> Reopen Chapter 15]

[Bankruptcy> Motions/Applications> Reopen Chapter 7]

[Bankruptcy> Motions/Applications> Reopen Chapter 9]

 

Filing Amended Motion:

 

  1. File amended motion using the above docket event;

  2. Input the receipt number for the filing fee payment made for the original motion; and

  3. Select "Amended" from the drop down prefix box.

 

Requirements:

MOTION FILED BY DEBTOR

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

21 Day Notice to affected parties

21 Day Notice to affected parties

21 Day Notice to affected parties

*Filing Fee

*Filing Fee

*Filing Fee

Proposed Order

Proposed Order

Proposed Order

 

MOTION FILED BY PARTY IN INTEREST other than the US Trustee

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

21 Day Notice to affected parties

21 Day Notice to affected parties

21 Day Notice to affected parties

*Filing Fee

*Filing Fee

*Filing Fee

Proposed Order

Proposed Order

Proposed Order

 

MOTION FILED BY TRUSTEE OR US TRUSTEE

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order

Proposed Order

*Filing Fee

*Filing Fee

Filing Fee

The United States trustee is exempt from the reopening fee.  Nevertheless, if the United States trustee is acting as a "private trustee", he or she must pay the reopening fee unless the court waives or defers the fee.

 


Filing Fee Exceptions:


A. Reopen to:

 

1. correct an administrative error by the court or clerk of court

2. file an action related to the discharge

3. redact a court record
 

B. Motion filed by the United States (Federal Agency).
 

C. Party is exempted from the fee.

 

D. Court defers the filing fee.