Motion to Reopen Case
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Motion to Reopen Main Case
Last Updated: November 8, 2024

11 U.S.C. 350(b)
11 U.S.C. 350(a)(8)
28 U.S.C. 1930
Fed. R. Bank. P. 4007(b), 5010

Event: Bankruptcy > Motions/Applications > Reopen Chapter xx Case

A Closed Case May Be Reopened to: 1) Administer Assets, 2) Accord Relief to the Debtor; or 3) For Other Cause 11 U.S.C. 350(b).

A Closed Case DOES NOT Need to be Reopened to: 1) File a Motion for Contempt (unless additional relief is requested) or 2) Request an Order of Discharge (Ch. 11 Individual Debtor).

Note: A Motion to Reopen is Not Required to file an adversary against the U.S. Department of Education under 11 U.S.C. 523(a)(8) Dischargeability of Student Loan Debt

Under current law, a debt for an educational loan is non-dischargeable, unless excepting such debt from discharge would impose an undue hardship on the debtor and the debtor's dependents.

Filing Requirements:

  • Motion to Reopen Case

  • Notice of Motion and Proof of Service (if required)

  • Proposed Order (if required)

  • Filing Fee (if required)

    • Ch. 7:  $260.00

    • Ch. 11: $1167.00

    • Ch. 12: $200.00

    • Ch. 13: $235.00

Reopening Guide

To file: Notice Required Fee Required
Amended Schedules 14-day notice to parties in interest unless circumstances require more or less time. Yes
Motion (other than a motion for contempt or motion to redact) 14-day notice to parties in interest unless circumstances require more or less time. Yes
Reaffirmation Agreement 14-day notice to parties in interest unless circumstances require more or less time. Yes
Adversary 14-day notice to parties in interest unless circumstances require more or less time. Yes; however, reopening fee is not required if action relates to debtor's discharge.
Financial Management Certificate 14-day notice to parties in interest Yes
Administer Assets No notice necessary but courtesies should be observed Fee is deferred if filed by trustee; fee is exempt if filed by UST.
Motion to Redact No notice necessary but courtesies should be observed No
Correct an Administrative Error made the clerk's office or Court No notice necessary No
Request for Order of Discharge (Ch. 11 Individual Debtor) A Motion to Reopen is not required. See instructions for Notice of Completion of Plan Payments and Request for Order of Discharge (Ch. 11 Individual Debtor) No
Adversary under 523(a)(8) A Motion to Reopen is not required. 

The Court will administratively reopen the case for the determination of dischargeability of a U.S. Department of Education student loan.

 No

 

To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Reopen Chapter xx Case] from the event list.

  5. Select the party filer.

  6. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  7. If you are filing a Notice and Proof of Service, enter the last day to file objections (defaults to 14 days; modify if necessary); otherwise, remove the date.

  8. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.

    Note: If filing fee is not required, type either "deferred" or "exempt" in receipt field.

  9. Modify the text as appropriate.

  10. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  11. Electronically file any Proposed Order.  Instructions