Can I get a fee waiver to re-open a bankruptcy case? 8 Answers as of October 08, 2014

My bankruptcy was closed without discharge because they said I did not complete my last debtor’s course. I did complete the course and it was done well before the dead line and mailed in. I wasn't notified that they did not receive it until I had received a letter state that my case was closed without discharge. After it had already been closed. And can I add anything other debts to the case after it is reopened. I still have the certificate showing my date of completion well before the deadline.

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Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Maybe. You can certainly request a fee waiver and explain why you need it. Then it's up to the court to decide whether to grant the waiver. As for including new debts, the answer is definitely "No." The only way to include new debts is to file a new bankruptcy case. You will have to take a new credit counseling course and financial management course, but you will be able to include these new debts. You will need to weigh the options and decide which is the best course of action.
Answer Applies to: Colorado
Replied: 10/8/2014
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
You can ask the court and they might wave it.
Answer Applies to: New York
Replied: 10/7/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It is up to the court if they will give you a fee waiver. And, no you can not add new debts. You can refile to include new debts.
Answer Applies to: California
Replied: 10/7/2014
Ronald K. Nims LLC | Ronald K. Nims
You're not going to be able to have the fee waived to reopen the case. Regardless of whose fault it is (unless you could prove that the court received it and failed to file it in your case - in rural courts that don't have e-filing, lawyers always send a copy to be stamped and mailed back to prove that the document was received by the court.) Since the fee to reopen a case is almost as much as the filing fee, if you've got new creditors, it might be best to simply file a new case. You'll have to go through the 341 meeting again but you get to add the new creditors.
Answer Applies to: Ohio
Replied: 10/6/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Answer depends if the Court made a mistake or you? The Financial Management Course Certificate along with an executed B23 form must be filed in the case within 60 days after the first date set for the meeting of creditors under Section 341. Neither the Court not the Trustee is obligated but they will typically to draw attention to this responsibility. The "Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines" includes information about this requirement on page 3. At the creditors hearing, the Trustees may do a short announcement before the start of the hearings and at least my Trustees remind debtors that this must done. Also if the documents aren't filed within 10 days after the meeting, my Court sends out a letter to the debtor's address on the petition, entitled "Notice of Requirement to File Financial Management Course". And then of course I hound my clients and if they aren't cooperating I do it in writing so that it doesn't fall on my shoulders to bear the costs of fixing a mistake that could have been prevented. If you actually filed the required Financial Management Course Certificate along with a signed B23 form before the deadline set by Bankruptcy laws but there was a glitch in the Court's system then I suspect they will fix it without cost. You can call the case administrator to explain what happened, it is helpful if you have receipt of something being filed. The Court is not likely to entertain (from debtors or attorneys) the excuse that one was too busy to do something or didn't know what they had to do and so failed to do it. If however it was your attorney who messed up and didn't file the documents you provided to him/her then the attorney should eat the cost of fixing their mistake.
Answer Applies to: California
Replied: 10/6/2014
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