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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is there a statute of limitations on re-opening a chapter 13

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Is there a statute of limitations on re-opening a chapter 13 bankruptcy? The case has been closed for a full year and the mortgage company is failing to fulfill it's obligation to deem the mortgage current. After many months of arguing, I would like to re-open the case to have the mortgage company sanctioned by the court. Can this be done?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for allowing me to assist you with this question.

One question I have - - was the case dismissed or was there a discharge of the case?
Customer: replied 3 years ago.

The mortgage company file a response to trustee's notice of final cure payment agreeing with the trustee's analysis and that there was $0.00 outstanding on the pre-petition claims. The court issued an order granting trustee's motion to deem mortgage current, then ordered a discharge. The mortgage company has recorded every subsequent payment as 30 days delinquent, has charged interest and penalties and has refused to report payments to all three credit bureaus.

Ok. Thanks for the information. IF the creditor has violated the discharge order, then you would have a right to reopen the case and seek damages for that.

Pursuant to 11 U.S.C. §350(b), it is possible to reopen a closed bankruptcy case to (1) administer assets, (2) accord relief to the debtor, or (3) for other cause. This situation would fall under the "other cause" provision, nd the court could use its discretion to allow for the reopening.

There is no statute of limitations or time within which you can seek to reopen the case. It can really be done at any time.

I hope this information answers your question, but if you need something further, please do not hesitate to ask. Thanks.
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