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Roger
Roger, Attorney
Category: Bankruptcy Law
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My bankruptcy case was dismissed 4 months ago. I was recently

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My bankruptcy case was dismissed 4 months ago. I was recently advised that I could petition the court to reopen my case. What rule would I use in the motion? I've seen samples that use rule 9023, but that appears to have a limit. Is Rule 5010 appropriate to use? or any other?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

You can cite Rule 5010 (http://www.law.cornell.edu/rules/frbp/rule_5010) and 11 USC 350(b) (http://www.law.cornell.edu/uscode/text/11/350)
Customer: replied 3 years ago.

And they won't fall back on 9023 to tell me no?

Rule 9023 deals with requesting a new trial or to amend a judgment. Since your case was dismissed, there is no judgment from which to seek a new trial or an amendment.

9023 shouldn't have anything to do with a motion to reopen your bankruptcy if it was dismissed.
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