Can I open my bankrupcy case? 15 Answers as of August 19, 2014

I just had my bankruptcy resolution two months ago, is it possible to open the case again and include my car and an old credit card, which was not shown in my credit report at the time of filling my bankruptcy. Can I possibly re-open the case?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes. File motion to reopen, then amend your creditors list.
Answer Applies to: Colorado
Replied: 8/19/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
In most jurisdictions that is not necessary. Send the creditor a letter with a copy of the discharge.
Answer Applies to: California
Replied: 8/19/2014
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
Yes, there is a procedure to re-open the case but it is a bit technical. You would need to get a Judge's permission to reopen the case so you would have to file a formal motion supported by a certification and probably a legal brief showing that the facts involved in your particular circumstances would entitle you to reopen the case.
Answer Applies to: New Jersey
Replied: 8/19/2014
Ronald K. Nims LLC | Ronald K. Nims
It might not be necessary to re-open your case. If you had a "no asset" case, meaning the trustee didn't take any asset to distribute to your creditors. They might be discharged despite not being listed on your schedules. You need to consult your attorney. If you had an asset case, you can file to re-open (the filing costs $260.00 in my district), but whether the court will allow you to re-open could go either way.
Answer Applies to: Ohio
Replied: 8/18/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
All debts that were incurred prior to the filing of the bankruptcy are discharged. As long as it was a no-asset case then you need do nothing. All of your assets and all of your debts are automatically included in the bankruptcy.
Answer Applies to: Minnesota
Replied: 8/18/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    By resolution I assume you mean that you received a discharged and the case is now closed. The court has discretion whether it will allow the reopening of the case for whatever purpose. Whether it's a good idea to attempt to do this depends on other facts not disclosed. Was this a chapter 7 no asset case in the 9th circuit (9th circuit includes CA)? There is a case on point in 9th Circuit holding that even if a debt was not listed on the petition in a no-asset chapter 7 case it is discharged as long as the oversight was inadvertent, not intentional. Also you should understand that ONLY debts in existence prior to the bankruptcy are dischargeable. Debts incurred after the filing date are not dischargeable and there is no way to add them. If a creditor is attempting to collect on discharged debt you may be able to obtain resolution by simply contacting the creditor and letting them know that a bankruptcy was filed, that you by mistake did not list the debt in the petition, but that the debt is discharged because it was a no-asset chapter 7 bankruptcy and the debt was incurred prior to the filing date. You would want to provide the creditor with copy of the discharge order. They will of course confirm the dates of the credit transactions against the filing date. Typically, the creditor upon confirming the information will stop collection efforts. However, understand that discharge applies ONLY to your PERSONAL obligation to pay the debt. It does not necessarily strip a secured lender (mortgage, car loan) of their right to repossess the collateral due to non-payment. Certain car lenders (Ford Motor Corporation for one) may repossess the vehicle after bankruptcy even if payments are current. What the discharge does (assuming debtor does not enter into a reaffirmation agreement) is protect the debtor and the debtor's other assets in that if after repossession and sale of the collateral there is insufficient funds to pay off the debt, the creditor is forbidden to attempt to collect from the debtor to satisfy a deficiency.
    Answer Applies to: California
    Replied: 8/15/2014
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    A motion can be filed requesting the additional relief, filing fee is $260.00 in Kentucky. There are certain procedures which must be followed, and there may be additional fees for adding debt after discharge. You should contact the attorney who prepared and filed your petition.
    Answer Applies to: Kentucky
    Replied: 8/15/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can but it is no guarantee that the judge will allow you to reopen.
    Answer Applies to: New York
    Replied: 8/15/2014
    Danville Law Group | Scott Jordan
    You can try. But, you are going to have to explain to a judge why you failed to include all of your assets and all of your debts. The law requires you to list everything you own and everything that you owe. The car is probably the bigger issue, especially if you did not know about the credit card. I suggest you speak with a bankruptcy attorney before doing anything. If you act without understanding the consequences, you could do irreparable harm.
    Answer Applies to: California
    Replied: 8/15/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You can reopen and add additional debt. However you will have to explain satisfactorily your failure to list the debt in the first place since you had an obligation to disclose all debt.
    Answer Applies to: Nevada
    Replied: 8/15/2014
    The Troglin Firm | William M. Troglin
    Yes - However to reopen a Motion to Re-Open showing why you need to re-open and pay a filing fee of $260.00.
    Answer Applies to: Georgia
    Replied: 8/15/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    No, there is a decision from the 9th circuit called In Re Beazley that states that cases may not be reopened to add in additional creditors. However, if your case has only been discharged and is not formally closed, you could still amend. You need to research your facts. Also, you surely would have known about your car loan when you filed your bankruptcy so it follows that you intentionally left it off your bankruptcy. Intentionally leaving a creditor off of your bankruptcy is a criminal offense.
    Answer Applies to: Nevada
    Replied: 8/15/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You need to talk to attorney about your situation before you do anything. You can reopen your case, but you may have some risk, depending on the circumstances.
    Answer Applies to: California
    Replied: 8/15/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes but it may not be necessary. Hopefully you have an attorney you can ask.
    Answer Applies to: South Carolina
    Replied: 8/15/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    Yes, your case can be opened on Motion and paying the reopening fee.
    Answer Applies to: Virginia
    Replied: 8/15/2014
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