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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed for bankruptcy in 2006 and was discharged in August

Resolved Question:

I filed for bankruptcy in 2006 and was discharged in August of 2007. I just received a motion to reopen bankruptcy case on grounds that when the creditor filed a Proof of Claim that Debtor's personal information was included and the want to replace the original Proof of Claim with a redacted Proof of Claim and "for such other and further relief as the Court deems just and equitable". Is this common and do I need to be worried about this?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 8 years ago.

In order to re-open a bankruptcy that has been closed, the creditor has to prove that it did not receive adequate notice of the bankruptcy. If this didn't occur, it is possible that the case will be re-opened.


If the creditor was properly noticed and failed to act properly, it should not be re-opened.

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