Local Rule 5010-1: Reopening Cases

Rule 5010-1 Reopening Cases.

(a) Motion to Reopen Chapter 7 or 12 Case. A motion to reopen a chapter 7 or 12 case must be served on the following parties at least 21 days before the hearing thereon: the debtor, the U.S. Trustee, the case trustee, and all other parties in interest, including any new party being added as a creditor or party in interest.

(b) Trustee in Chapter 7, 12, or 13 Case. If the movant requests that a trustee be appointed in the reopened case, then the motion must state why a trustee is necessary under Fed. R. Bankr. P. 5010, and the proposed form of order submitted with the motion must include proposed findings of fact supporting appointment of a trustee and directing the U.S. Trustee to make the appointment.

(c) Case Reopening Fee. The case reopening fee is due with the motion to reopen unless the reopening is sought to (i) correct an administrative error, (ii) file a complaint to obtain a determination of dischargeability of a debtor under Fed. R. Bankr. P. 4007, or (iii) accompanied by a request that the reopening fee be waived or deferred.