5010-1(b): REOPEN A CLOSED CASE: To File Discharge Forms
A bankruptcy case can be closed without entry of discharge if a debtor has not filed specific forms required to obtain a discharge. Often the reason is the debtor did not file a certificate of completion of a course in financial management. See link below to Official Form 423.
LBR 5010-1(b) allows for a ONE-STEP process to reopen the case because the only reason to reopen the case is known, which is to file forms to obtain a discharge.
- The court has a mandatory form motion. See link below
- The motion requires a filing fee. See link below
- The debtor must file a notice of motion. However, because only a debtor can file these forms, no additional service of the motion is required. See LBR 9013-1(q). The court has a form Notice of Motion for Order Without Hearing. See link below T
- The court has a form order. See link below.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
5010-1(b)
Reference to Local Rules and/or Forms:
Reference to Common Topics: