Motion to Reopen Chapter 7

[mbrooks]

What is the name of your state? CA

Thanks to the assistance of Ladynred for pointing me in the right direction of document samples I finally was able to file my Motion to Reopen Ch7 BK with the courts however they through me for a loop when asking when I was going to 'serve' the interested parties aka creditors. The scheduler wanted to give me a Jan 3rd hearing date so she said do it by the end of next week. I was wondering what exactly do I need to 'serve'? Is it the actual motion I filed? Do I serve them via Certified Mail or can I use Return Receipt?

Thanks for any help!

 

[mbrooks]

Anyone know anything about the serving of the creditors after I file my Motion to Reopen and if I need a certain form?

 

[slliemab]

What did you find? I still have not figured this out. They closed my case in June because I did not get the second part of the credit counseling class in on time. The crazy thing is not one creditor has bothered me....

I called and asked a lawyer for help and he told me I'd have to re-file but I'd rather not.

 

[slobbydog]

who to serve

Anyone know anything about the serving of the creditors after I file my Motion to Reopen and if I need a certain form?

You are suppose to serve the additional creditor or the entity or person for whome necessitated your reasons to reopen the case in the first place. If it is not to add a creditor that you forgot to have in the first place, then you may need to serve every creditor that is already in the list. It's better to be safe and serve more than you should then no one at all.

If you don't mind I REALLY need a copy of the motion to reopen and motion to amend chapter 7 bankruptcy a sample copy of orders for both . Also if you have any Points and Authorities for that, it would be great. Thanks!

 

[frogpants]

Really do NOT like lawyers now

I'm one of the unlucky ones who didn't do the post-bankruptcy credit counseling thing. I was so extremely stressed out by the whole process that after the hearing, the attorney said, it's ok, you can go home and breathe again....don't worry, it's all over.

And she said she'd be in touch if they needed anything else. So there ya go. When it was mentioned to me during the initial interview to start the whole process that I would need to do the post counseling thing, I had completely forgotten about it by the time the court date rolled around.

So of course now the lawyer wants another $600 to reopen so i can do the counseling and they can finish it up. I'm just so disgusted I could scream.

And THEN, both my attorney AND the courthouse told me that SOMETIMES they give a courtesy call if a person hasn't done the postbankruptcy counseling. Great, so I get to be one of the unlucky ones who didn't get a call! How unfair is any of this?? And what a great little side business for the attorney!

I'm frustrated enough to do the paperwork myself so I'd like to try that. I know I have to file a Motion to Reopen and the clerk at the courthouse said I'll have to attach a Proposed Order...whatever the heck THAT is and I'm reading on here that I'll have to serve every bit of this to each of my creditors too?? There's only a few so I'm not that worried about that.

So where do I start with knowing how to type up the paperwork??

 

[Ladynred]

You do NOT have to serve each and every one of your creditors just to file your financial management class certificate. YOU can file the motion to reopen to file the certificate yourself for a LOT less than $600 and no notice to creditors is needed. You aren't adding a 'forgotten' creditor, nor are you amending anything, you're just filing a certificate.

 

[frogpants]

Hi Ladynred,
I read mbrooks where you apparently helped him/her. i'm new here so I wasn't sure how to find you!
the only thing i need to find out now is the proper format for the Motion to Reopen and Proposed Order that I'm supposed to attach. I've searched online but haven't found just an example....like a template. Esp for TX. Do you know where, online, this stuff is??
thanks....it's a comfort to know that ppl like you are out there and willing to help

 

[ericsukkert]

Reopen forms

I have been following this line in hopes to get some help as well. I to need to reopen my capter 7 to add some creditors to my BK. You guys mentioned that you filed a petion to reopen your case. Where do you get such a petion? I live in Atlanta GA. I found this web site that you can buy forms from, but can't seem to find the reopen petion form. Am I missing something?

Thanks for the help

 

[ericsukkert]

Reopen forms

Sorry, I forgot the web address. Here you go.
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-GA-B-bankruptcy

 

[Ladynred]

I to need to reopen my capter 7 to add some creditors to my BK.

No, you most likely do NOT have to re-open just to add 'forgotten' creditors. In most districts it's simply NOT necessary for a no-asset Ch 7 case.

You should read thru this before you waste a lot of time and energy:
http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

 

[CAcalifornia]

I hope you still log onto to this site, but I wanted to know if you still had the templates you used to reopen chapter 7 bk to add a creditor. I am having such a hard time locating anything? If you do can you email them to [email protected]