Can a Chapter 7 bankruptcy closed without discharged in 2008? 19 Answers as of January 07, 2015

I read a similar question to mine on here regarding a Chapter 7 bankruptcy that was closed without discharge. I filed in 2008 and because of a creditor coming after me now made me dig up my case. I did not know that it was closed without discharge and I don't know what to do. They are garnishing my wages and not sure if I should reopen my case or file bankruptcy again. This creditor is the whole reason I filed in the first place. Help!

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Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes, the clerk can close a case without discharge if you did not take and timely file your second credit counseling certificate.
Answer Applies to: Georgia
Replied: 1/7/2015
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If your case was closed without a discharge, you must not have complied with all the requirements. Most likely you failed to take and file the post-filing debt management course certificate (Form 23). If you want your discharge you would need to file a Motion to Reopen your case and then file the required forms and certificate.
Answer Applies to: California
Replied: 1/6/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well most likely it was closed without a discharge because you did not take the Debtor Education Class. You could try a motion to reopen, but a new filing would probably be better since that is guaranteed to work. Not so sure the court would reopen a 2008 case - but you could try it. That would avoid having 2 bankruptcies on your record.
Answer Applies to: California
Replied: 1/6/2015
If there was no discharge in the prior case you can just start another case and obtain a discharge as long as you have not had a prior Ch 7 discharge within 8 years.
Answer Applies to: Minnesota
Replied: 1/6/2015
Garner Law Office
Garner Law Office | Daniel Garner
So much time has elapsed from your prior bankruptcy that you should file a new case. Since you do not know why your previous case was closed without discharge, however, it behooves you to hire an attorney this time so you can avoid the same mistakes a second time.
Answer Applies to: Oregon
Replied: 1/5/2015
    Ronald K. Nims LLC | Ronald K. Nims
    It might be possible to reopen a 2008 case but it would probably be easier to file a new case.
    Answer Applies to: Ohio
    Replied: 1/5/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case was closed then you did something wrong. Either your attorney should see what is wrong or you may want to retain an attorney if you don't have one. Unless I know why your case was closed without discharge, it is difficult to advise on what you should do.
    Answer Applies to: New York
    Replied: 1/5/2015
    D.J. Rausa, Attorney at Law | D.J. Rausa
    It probably would be quicker to file a motion to reopen and then file your certificate. However, you run the risk of the Court not allowing your case to be reopened because you waited so long. If you refile, the relief will be instant, and the wage garnishment will stop. You need to consult with a competent attorney asap.
    Answer Applies to: California
    Replied: 1/5/2015
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Your question depends on your situation now. If you have accrued more debt after you filed that petition, perhaps filing a new bankruptcy is the better approach. If you haven't accrued new debt, the question is whether a Court would open your case to let you cure whatever caused it to be closed without a discharge. If it was for failing to file the evidence of taking the second class along with the required declaration, it might be possible to correct it depending on why you haven't done it in the years since that time. If you haven't incurred further debt, it would be a pity to file again. In the end, an experienced attorney can look at the docket of your case and the facts of your case and point you in the right direction.
    Answer Applies to: California
    Replied: 1/5/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes it can be closed without a discharge being entered. You can file a new bankruptcy or find out why a discharge was not entered in the prior bankruptcy and see if the hold up can be remedied.
    Answer Applies to: Nevada
    Replied: 1/5/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The most common reason a case is closed without a discharge is because the financial management certificate for completing the 2nd class was not filed. The cost to reopen the case to allow the filing of the certificate and the entry of the discharge is $260. Unless you want to repeat the bankruptcy ordeal again or have additional debts to add, reopening to file the certificate is probably the best way to go.
    Answer Applies to: Nevada
    Replied: 1/5/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    It is possible that you didn't complete your 2nd counseling course. Call an attorney now to review your court docket from the bankruptcy court, and discuss your options.
    Answer Applies to: Illinois
    Replied: 1/5/2015
    Michael J. Duggar, P.A.
    Michael J. Duggar, P.A. | Michael J. Duggar
    Cases may close without discharge if for instance you failed to complete your debtor education course. As you have to pay a reopening fee ($260) to the Bankruptcy Court, reopening the case is pricey but obviously less costly than starting the Chapter 7 entirely over. If you don't know why the case was closed, you might make a trip to the Bankruptcy Clerk's office and inquire as to what you did not do to qualify for the discharge. An attorney can probably review your docket and see what was lacking in your case. Good luck!
    Answer Applies to: Florida
    Replied: 1/5/2015
    John W. Lee, P.C.
    John W. Lee, P.C. | John W. Lee
    There are many reasons a bankruptcy may have been closed without a discharge, in many cases the debtor did not take the second credit counseling class. This can be fixed, but only by an experienced bankruptcy lawyer. Most likely a motion would have to be filed with the court to re-open the case. If that is not possible you may be able to file a new bankruptcy.
    Answer Applies to: Virginia
    Replied: 1/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It seems like your lawyer if you had one fell down on the job. Or else you may have done. The most frequent reason for closing a case without a discharge is because the debtor did not complete the second online briefing the one about Financial Management. But the courts always give you plenty of warning. You could ask to reopen your case. The clerk's office charges about $300 for a motion to reopen. But you should first find out why you were not granted a discharge. The clerk may not be willing to find your now quite old file and look through it, but you can either use the online federal courts database called PACER, or go to the clerk's office and ask to see the actual file, if your clerk's office keeps the papers which have been filed. Some do not. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 1/5/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you did not complete the post instructional course then yes, your case would be closed without discharge. You need to reopen your case, complete the post instructional course, file the certificate and ask the clerk to issue a discharge order. There are forms on the court website.
    Answer Applies to: Nevada
    Replied: 1/5/2015
    J.M. Cook, P.A. | J.M. Cook
    Yes, you should have no issue re-filling bankruptcy.
    Answer Applies to: North Carolina
    Replied: 1/5/2015
    Law Office of Shawn N. Wright | Shawn N. Wright
    If the case was closed without discharge, it was probably because you failed to complete the Pre-Discharge Financial Management Course. Or perhaps, you took the Course (which only takes 2 hours), but you didn't file the Certificate of Completion with the Court. If you simply didn't file the Certificate, then you should seek to reopen the case and file the Certificate. But if you never took the Course in the first place, then you may have to refile the entire case. You should seek an experienced bankruptcy attorney in your area for a consultation and review.
    Answer Applies to: Pennsylvania
    Replied: 1/5/2015
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    I may have been closed because you failed to complete the Pre-Discharge Debtor Education course which is a requirement for discharge. You can reopen your case, complete the Debtor Education Course and then you will receive a discharge. By reopening the case, the creditor must stop all garnishment action.
    Answer Applies to: Georgia
    Replied: 1/5/2015
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