How to reopen your BK if discharged for lack of filing of Form 23?

As have written before that there are two kinds of certificates required: one for financial counseling and the other debtor’s education certificate, commonly called Form 23. However, if the debtor does not file Form 23, the bankruptcy case is dismissed without a discharge. Now, you are stuck and the only choice left is to reopen your bankruptcy case. Of course, this would trigger a new bankruptcy fee. The whole reopening is a complex case as the client does not like to pay fee, and not even getting a discharge. The client has hired you to get a discharge, and now he is not happy, and you are also unhappy about the outcome.

To avoid this, we have made a religious practice in the Law Office of Malik W. Ahmad to send the second debtor’s class link right away and tell the debtor to complete it, and if they don’t complete it we also tell them that we would charge them filing fee as well as fee for our time which would be hefty. The good thing is that all is not lost here, and one can reopen the bankruptcy case again by filing the motion to reopen. How does this process works out: The process for reopening a bankruptcy case involves two steps. Step One: Ex Parte Motion to Reopen. The first step can be done by filing an ex-parte motion to reopen the case. This is a request to the judge that the case be reopened without giving advance notice to the creditors or scheduling a hearing. The paperwork, which consists of the motion or request, and an order granting the request, is mostly generic and widely available. Make sure you need a new filing fee and request motion to reopen. Step Two: Request for the Desired Action. The second step is to request (by motion and order) that the judge allow the desired action. The fee for reopening a bankruptcy case is $274 and should be paid upfront.

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3 Comments

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