How do I reopen a Chapter 7 bankruptcy? 32 Answers as of July 22, 2011

It doesnt sound like you need to reopen your case as all your debts were already discharged upon conclusion of your bankruptcy case. Your creditors cannot sue you for a debt you no longer owe. Filing for Bankruptcy automatically stays collection activity, including commencement of a lawsuit to recover a claim, as well as any other act to collect a debt that arose prior to filing the Bankruptcy case. Penalties for violating the automatic stay can be severe. Bankruptcy courts have the power to order a creditor who "willfully" violates the stay to pay attorneys fees, costs, and punitive damages under 11 U.S.C. 362(h). Possibly the creditor you mention is not aware of your bankruptcy filing. You may want to contact them, preferably in writing, with your bankruptcy case number, the date filed, and the district your case was filed in. If a lawsuit has been filed against you, you should ask for confirmation that a dismissal has been filed in that action. If the creditor continues to contact you in an attempt to collect, then you should contact an attorney to stop this and to protect your rights. I recommend that you contact a knowledgeable attorney for specific advice. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

You do not reopen the Bankruptcy. You give notice to the creditor who is suing that they were discharged in bankruptcy. If they do not comply and continue to pursue you, you can get the case dismissed and you can file a counter claim or separate action for Fair Debt Collection Practices against the Collector and violations of Federal Bankruptcy Law against the Creditor. You hold the cards. Do not reopen unless there is some flaw in the filing that I do not know about. The creditors actions, if they are aware of the bankruptcy are entirely illegal.

You don't need to reopen your bankruptcy. Merely file an answer in the lawsuit asserting the affirmative defense of discharge in bankruptcy, and attach a copy of the discharge to the answer.

You don't have to reopen and the court will not entertain such a motion if they are an unsecured creditor and the debt existed at the time you filed bankruptcy. It is automatically discharged along with the rest of your unsecured creditors.

If the creditor was included simply provide them with youir discharge. It is illegal for them attempt collection of a discharged debt.

You bankruptcy lawyer can deal with this and you might even be entitled to damages for trying to collect a debt that was discharged in the Chapter 7 (if that is the case).

No reason to reopen if they were included. Can go to bankruptcy court to complain.

To reopen a bankruptcy case, you need to file a Motion to Reopen and you need to pay the Court fee. Before you do this, you should consult with an experienced bankruptcy attorney to see if it is needed. Your question states that the creditor is trying to sue you after you included the creditor in the bankruptcy. Under these circumstances, you should be able to show the creditor a copy of the schedule listing the creditor and a copy of the discharge order and then get the creditor to go away.

If you are being sued by a creditor after being discharged in bankruptcy you have several options. First, I suggest sending a letter to the creditor with a copy of your discharge. Second, you can answer the lawsuit and claim the discharge as an affirmative defense. Third, you can re-open the bankruptcy and ask the judge to enforce the discharge against this creditor. Except for the first choice you should retain a lawyer to represent you.

If the creditor was included in the bankruptcy, they're prevented from collecting from you. Send them a copy of your Schedule F and discharge order.

You should probably speak with an attorney and see if the issue can be addressed without reopening the bankruptcy. In most cases, an explanation of the facts to the creditor's attorney will get the litigation set aside. If it is necessary to reopen the bankruptcy in order to pursue the creditor, then you will file a motion to reopen and pay the filing fee for the motion. Then you will be able to proceed within the action.

That has to be done by a self drafted motion, the fee is $260.00 which you can have waived since you are trying to enforce the discharge injunction. Try to get a lawyer, the creditor has to pay the lawyers fees for this, (unfortunately most lawyers are not sharo enough to know how to do this keep looking for one who does).

To reopen a bankruptcy case you must file a motion to reopen, and typically pay a $260 fee to the clerk of court. For discharge violations, the fee is waived. Really, I don't think it is necessary to reopen the case, if you are only going to enforce the discharge. To my knowledge, the judges here in the Southern District of Texas do not require it in such a case. You should contact your attorney, or hire another attorney to help you. If there is a violation of the discharge order, you should be able to find an attorney willing to represent you for whatever fees are awarded by the Bankruptcy Court against the discharge violator.

Reopen to do what? If they were included in the bankruptcy, you can either answer the complaint that the debt was discharged in bankruptcy or file a motion to reopen the bankruptcy for violation of the discharge order, which doesn't stop the lawsuit per se.

You need to file a Motion to Reopen the case and then usually the procedure is to file an "Order to Show Cause re: Contempt" under section 524 of the Bankruptcy Code. Different courts handle this different ways.

Either you or your attorney can petition the court to reopen the bankruptcy. Have you sent them the documents showing that they were discharged in your bankruptcy? If not, I would try that approach first, usually it takes care of the matter and they go away.

Just send the creditor a copy of the petition, which includes them and it'll show they got notice. Also, send a copy of the Order of Discharge.

File a motion to re-open case for Discharge Violations. No filing fee should be charged. Seek sanctions.

You don't need to reopen; just show your Discharge as a defense, and file an Adversary Proceeding against them in Bankruptcy Court for a discharge violation.

You file a motion to reopen the case. You pay a filing fee to do that. Talk to your bankruptcy lawyer about this.