If you want to reopen your bankruptcy case, and add a reaffirmation agreement,
You would file a motion to reopen, so you can add the reaffirmation agreement,
UNITED STATES BANKRUPTCY COURT
_______________ DISTRICT OF _________________
In re: )
JOHN DOE, ) CASE NO. 08-12121-ABC-13
MOTION TO REOPEN BANKRUPTCY CASE
MOTION TO REOPEN BANKRUPTCY CASE
COME NOW the Debtor(s) and pursuant to Bankruptcy Code §350(b) request the Court reopen the above-captioned bankruptcy case, and in support hereof now state:
1. That Debtor(s) need to reopen the above-captioned bankruptcy case because _________________________________________________.
WHEREFORE, Debtor(s) pray the Court reopen the above-captioned bankruptcy case and for all further relief as may be just and proper in the premises.
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing was served, by First Class United States Mail, postage prepaid, this ____day of ________ ,2008, to the following person(s):
U.S. Trustee's Office at address_______________________________
Chapter 7 Trustee at address____________________________
All creditors at the following addresses___________________________
_______________ DISTRICT OF ________________
ORDER TO REOPEN CHAPTER 7 CASE
CAME the Debtor(s) and moved to reopen the above-captioned bankruptcy case.
And this Court, being duly advised in the premises, hereby GRANTS said Motion and ORDERS the above-captioned case reopened.
Order prepared by: Debtor(s)
Chapter 7 Trustee
Document No. _________
You can use the sample form above to file the motion to reopen, and add the agreement.
You should have the Court clerk, review the motion and see if anything else is required to have it filed, but the basic language and form is above.
If you have any further questions please do not hesitate to ask
If satisfied please press the accept button so we can receive credit
Bankruptcy Rule 1009 provides that "a voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed."
So if the case is not closed, you can just file an amendment and have it filed. A motion to vacate is not the common procedure to do what you want, under the rules, if closed you would file a motion to reopen, which is the common way, if not closed, you can file an amended schedule under rule 1009
Here is a sample:
You would use the same caption (the top of the page with the court name), but instead of "Motion to Reopen Bankrutpcy Case", you would put "Motion to Vacate Discharge".
And then here is the sample for the body of the Motion:
1) I, [your name], the debtor in this case, entered into a reaffirmation agreement with creditor ([name of creditor] on [date of agreement].
2) However, this reaffirmation agreement was not duly filed because______________________.
3) The discharge was granted for this case on [date of discharge].
4) Pursuant to 28 USC 524(c), reaffirmation agreements must be filed before a discharge is issued.
5) Wherefore, the debtor is requesting that the discharge be vacated, so that this reaffirmation agreement can be filed.
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