Bankruptcy Timing Question: State of Ga

[Cardinal1957]

What is the name of your state? Georgia

How long after a bankruptcy ch 7 is finalized can you petition to reopen the case?

 

[Zigner]

This link should help: https://lmgtfy.com/?q=How+long+after+a+bankruptcy+ch+7+is+finalized+can+you+petition+to+reopen+the+case?

 

[Zigner]

For further reference, here is the link to your earlier thread on, substantially, the same matter: https://forum.freeadvice.com/threads/irs-outside-collection-agency.656992/

 

[Cardinal1957]

Google isn't always your friend. If you tried that and actually got an answer, hat tip to your google. I did not get an answer.
Nor is the answer in my previous thread.

 

[Zigner]

Google isn't always your friend. If you tried that and actually got an answer, hat tip to your google. I did not get an answer.
Nor is the answer in my previous thread.

Please keep your related questions in your original thread.

 

[quincy]

Google isn't always your friend. If you tried that and actually got an answer, hat tip to your google. I did not get an answer.
Nor is the answer in my previous thread.

Go to your other thread and reread post number 17 by Taxing Matters. The answer to your question is there (as much as your question can be answered with the information you have provided).

 

[zddoodah]

How long after a bankruptcy ch 7 is finalized can you petition to reopen the case?

Reopen the case for what purpose? What makes you think there is any minimum time?

 

[Litigator22]

What is the name of your state? Georgia

How long after a bankruptcy ch 7 is finalized can you petition to reopen the case?

Make what use you may find from the following:

For the purpose of "according relief to the debtor" Section 350(b) of the Bankruptcy Code allows a case to be reopened "in the court in which the case was closed".

Time wise? Neither the Code nor the Federal Rules of Bankruptcy Procedure (FRBP) appear to impose a fixed period of limitation on the filing of such a motion. Pertinent however is Rule 9024 of the FRBP. It excludes such motions from the one-year limitation period otherwise applicable under Rule 60 (b) of the Federal Rules of Civil Procedure (FRCP).

 

[quincy]

Taxing Matters really does address this question in Cardinal’s other thread. Cardinal should use his other thread (linked to by Zigner) for future related questions.

 

[Taxing Matters]

Go to your other thread and reread post number 17 by Taxing Matters. The answer to your question is there (as much as your question can be answered with the information you have provided).

Well, in fairness my reply there did not directly answer the question Cardinal is now asking. I addressed directly the issue of whether it is possible to reopen the bankruptcy to add creditors to the bankruptcy schedules and thus include them in the discharge the debtor obtained. I did not directly answer in my earlier reply the question of how long after the discharge order was entered that the debtor has to file the motion to reopen the case. The bankruptcy law does not set a hard time limit for the motion, and my review of cases regarding reopening to add creditors to the bankruptcy schedules indicates there is no firm time set by the courts in the case law either. I found a case from Ohio, for example, in which the motion was filed 23 months after the discharge order and the courts still allowed the motion and reopened the bankruptcy to add the creditor. However, while there is no fixed time limit, the longer the debtor waits the greater the chances are that the courts will say it was too long resulting in potential prejudice to the creditor and thus deny the motion under the principle of laches. So it would be a good idea for a debtor who obtained a discharge in a no asset case and failed to include a creditor to move to reopen the bankruptcy to add that creditor as promptly as possible once the debtor learns of the need to do so.

 

[quincy]

Exactly. There is no apparent fixed time limit. See Cardinal’s other thread in the Tax section of the forum.

 

[Cardinal1957]

Well, in fairness my reply there did not directly answer the question Cardinal is now asking. I addressed directly the issue of whether it is possible to reopen the bankruptcy to add creditors to the bankruptcy schedules and thus include them in the discharge the debtor obtained. I did not directly answer in my earlier reply the question of how long after the discharge order was entered that the debtor has to file the motion to reopen the case. The bankruptcy law does not set a hard time limit for the motion, and my review of cases regarding reopening to add creditors to the bankruptcy schedules indicates there is no firm time set by the courts in the case law either. I found a case from Ohio, for example, in which the motion was filed 23 months after the discharge order and the courts still allowed the motion and reopened the bankruptcy to add the creditor. However, while there is no fixed time limit, the longer the debtor waits the greater the chances are that the courts will say it was too long resulting in potential prejudice to the creditor and thus deny the motion under the principle of laches. So it would be a good idea for a debtor who obtained a discharge in a no asset case and failed to include a creditor to move to reopen the bankruptcy to add that creditor as promptly as possible once the debtor learns of the need to do so.

Thank you for your kind explanation.
A brief synopsis of my situation: my husband died not long ago, and I discovered not long ago we owe back taxes. He took care of all of that because, well, that is just how we did things.
The amount is approaching 10,000 with penalties and interest. Because I am an independent contractor, the IRS can take my entire paycheck and literally leave me living in the woods. (I rent) I prefer not to be homeless.
To all of you who responded to my question, many thanks. This situation has me a little stressed.

 

[Taxing Matters]

The amount is approaching 10,000 with penalties and interest. Because I am an independent contractor, the IRS can take my entire paycheck and literally leave me living in the woods. (I rent) I prefer not to be homeless.
To all of you who responded to my question, many thanks. This situation has me a little stressed.

While the IRS could levy upon the income from your clients, it won't do that if you reach agreement with the IRS on how to resolve the outstanding liability. With a total owed of $10,000 you very likely can get approved for what the IRS calls a streamlined installment agreement, for example. This refers to installment agreements that are pretty much guaranteed to be granted without the need to submit detailed financial information if you meet a few basic requirements. You may be able to set it up entirely online; there is a link for that in the page I linked. There are other possible resolutions for this depending on your circumstances, too. So if you are unable to get the tax liability discharged by reopening the bankruptcy there are still ways you may resolve this that won't put you in the poor house (or in the woods).