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JoeLawyer, Lawyer (JD)
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howdo I prepare a motion to reopen a chapter 7 case

Customer Question

my case was dismissed on 04-23-08 due to nonfiling of an income statement
Submitted: 6 years ago.
Category: Legal
Expert:  JoeLawyer replied 6 years ago.

Some courts have forms for these types of motions, however I did not find any in your court. Contra Costa County is in the Northern District of California Bankruptcy Court, whose website can be viewed here. The website provided forms, here, but does appear to provide a Motion to Reopen or the Order thereon. The website does have a link for pro se debtors to get information, here.

However, you can access a government website that provides generic forms, including a Motion to Reopen by going here.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

JoeLawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 767
Experience: Attorney in practice since 1996
JoeLawyer and 7 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Joseph Ross ESQ's Post: Hi- I am looking for a template for a motion so I can fill it out and file it with the court
Expert:  JoeLawyer replied 6 years ago.

The website I linked above is about the closest to a template I have found online. A generic Motion to Reopen a colleague gave me is copied and pasted below. I do not know the extent of its applicability to your jurisdiction.

**************************************************************************

UNITED STATES BANKRUPTCY COURT

_______________ DISTRICT OF _________________

________________ DIVISION

In re: )

JOHN DOE, ) CASE NO. 08-12121-ABC-13

Debtor(s). )

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.

Respectfully submitted,

_______________________

Debtor(s)' Signature

 

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___________________________

 

________________________________

Debtor(s)' Signature

Document No.______

***************************************************************************

 

UNITED STATES BANKRUPTCY COURT

_______________ DISTRICT OF ________________

____________________ DIVISION

In re: )

JOHN DOE, ) CASE NO. 08-12121-ABC-13

Debtor(s). )

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)

Distribution:

Debtor(s)

U.S. Trustee

Chapter 7 Trustee

All creditors

 

Document No. _________

*****************************************************************

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

Customer: replied 6 years ago.
thank you
Expert:  JoeLawyer replied 6 years ago.

No problem, good luck!

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

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