Reopen Bankruptcy Case (Motion)

Rev. 1/1302019

 

Fed. R. Bankr. P. 5010

11 U.S.C. § 350(b)

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

 

 

A party files a Motion to Reopen to reopen a closed case.   The court may reopen a case to administer assets, to grant relief to the debtor, or for other cause.  i.e. Reopen a case amend schedules, file an adversary proceeding, administer assets, etc.

 

 

  • Motions to  reopen must set out the specific reason for reopening.   To reopen a dismissed case see Reopening to Reinstate Bankruptcy Case
     

  • It is not necessary to reopen a case to file a motion to redact information from the case record.  However, if a party motions to reopen the case for the sole purpose of filing motion to redact no fee is due.  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]

 

File an Amended Motion

  1. File amended motion using the above docket event;

  2. In the receipt field enter the receipt number for the filing fee payment made for the original motion; and

  3. Select "Amended" from the drop-down prefix list.

 

Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

21 Day Notice to affected parties

21 Day Notice to affected parties

*Filing Fee

*Filing Fee

Proposed Order

Proposed Order

 

Motion filed by Interested Party (other than the US Trustee)

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

21 Day Notice to affected parties

21 Day Notice to affected parties

*Filing Fee

*Filing Fee

Proposed Order

Proposed Order

 

Motion filed by the Trustee or US Trustee

 

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order

*Filing Fee

Filing Fee

The United States Trustee (the "UST") is exempt from the reopening fee except when the UST is acting as a "private trustee".  

When acting as a private trustee the UST 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 exempt from the fee.

 

D. Court defers the filing fee.