To what extent schedules can be amended after closure of Chapter 7 case? 4 Answers as of September 22, 2016

My brother didn't mentioned an inheritance law suit fought overseas in his Chapter 7 case. He got discharged and case was closed. In the meanwhile, he kept contesting his legal case. On bringing the fact to the court of litigation, he reopened his case on motion "he might have got entitled to his share in his father’s inheritance either on date of filing petition or within 180 days". Can a case with omitted asset be opened on this motion? He has not filed amended schedules even after 3 months or reopening of case.

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Ronald K. Nims LLC | Ronald K. Nims
In order to amend the schedules in a bankruptcy, the case must be reopened. Whether a case is reopened is decided by the court. It's pretty much automatic for cases to be reopened for omitted assets unless the value of the assets is minimal or the person moving to reopen the case wasn't diligent in pursuing the assets (say, the trustee moves to reopen a case where the trustee was aware of the assets while the case was still open and simply didn't bother to take steps to secure the assets). There is no specific deadline for filing amended schedules upon the court ordering a case to be reopened but if nothing is filed for the court to process, eventually the case will be closed again. Courts don't allow cases with no issues and no assets to remain open indefinitely.
Answer Applies to: Ohio
Replied: 9/22/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Sure, the bankruptcy court is usually quiet lenient about allowing a debtor to reopen a case to include an asset that was omitted in the initial filing. The case will be held open until it can be established the value of the asset, at which point, it becomes a matter for the trustee to collect the asset and distribute it to creditors.
Answer Applies to: Nevada
Replied: 9/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The trustee is the one who cares. Debtor may amend schedules before disbursement. He was required to notify court of assets not disclosed. It is fraud to not do so.
Answer Applies to: California
Replied: 9/22/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Yes. He needs to disclose it. If not a trustee has the right to reopen and deny his discharge.
Answer Applies to: Florida
Replied: 9/22/2016
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