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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19017
Experience:  B.A.; M.B.A.; J.D.
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How do i write a motion to reopen a closed case to allow admission

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How do i write a motion to reopen a closed case to allow admission of personal finance documents required by the court. I filed the chapter 7 pro se

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: How do i write a motion to reopen a closed case to allow admission of personal finance documents required by the court. I filed the chapter 7 pro se

 

Response: Here is a Sample Motion to Reopen a Case. Modify as appropriate:

 

 

 

[Caption: Official Form 16A]

Debtor's Motion to Reopen Case

 

The Debtor, by counsel, requests that the above-captioned case be reopened pursuant to 11 U.S.C. § 350(b) in order to accord relief to the Debtor and in support thereof avers as follows:

 

1. The Debtor filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on May 1, 2008, and received a discharge pursuant to 11 U.S.C. § 727 on September 10, 2008.

 

2. Among the debts listed in the Debtor's petition and discharged in this bankruptcy case was a debt in the amount of $550 to [hospital].

 

3. [Hospital] received notice of the discharge on or about September 10, 2008.

 

4. In January, 2009, the Debtor began receiving calls from [collection agency] which represented that it was collecting the [hospital] debt.

 

5. The Debtor informed [collection agency] of the discharge by telephone and by letter, but nevertheless continued to receive collection calls and letters.

 

6. The Debtor has prepared an action against [hospital] and [collection agency] for contempt for violation of the discharge injunction applicable to this case by virtue of 11 U.S.C. § 524(a). A copy of that action is attached hereto and labeled Exhibit A [omitted].

 

WHEREFORE, the Debtor requests that this case be reopened to allow the Debtor to file and prosecute an action against [hospital] and [collection agency] for violation of the discharge injunction.

 

Date: [signature]

Attorney for Debtor

 

Caption 16A and Instructions:

 

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_1207/B_016A_1207.pdf

 

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_09_Official/Form_16A_Caption_INSTRUCTIONS_0509.pdf

 

 

Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you very much for your response. I believe I will be able to use your example to write out my own draft. Again, thank you.