Local Rule RULE 5010-1: REOPENING CASES

RULE 5010-1. REOPENING CASES A.Notice. All motions to reopen a case, Local Form 5010-1(A), must be accompanied by Local Form 20A, Notice of Motion, Notice of Deadline to File Objections and Notice of Hearing, as set forth in Local Rule 9013-1(B) and a proposed order in compliance with Local Rule 9072-1(A).

B.Fees. A motion to reopen a case must be accompanied by the filing fee in effect at the time of filing, unless the case is being reopened to correct an administrative error or for actions affecting the discharge of the debtor, or unless the motion is being filed by a trustee and a separate application for deferral of payment of fee until assets are recovered from the estate is filed along with the motion.

C.Reopening to Add a Creditor or File an Adversary Complaint. In a no-asset individual Chapter 7 case, a motion to reopen a case to add an omitted creditor must be accompanied by a proposed order conforming to the Local Form 5010-1(C), "Order Reopening Case to Add Omitted Creditor or File an Adversary Complaint". No trustee shall be appointed. If the debtor fails to timely comply with the order, the case shall be closed without further notice. If the debtor fails to file an adversary complaint, the fee for reopening the case must be paid to the Clerk of Court.

D.Reopening to Administer Additional Assets. In a Chapter 7 case, a motion to reopen a case to administer additional assets and proposed order, Local Form 5010-1(D) may be filed without a reopening fee only if the motion is filed by the trustee and the trustee files a separate application for deferral of the fee pending recovery of assets, along with the motion to reopen. The filing fee shall be paid from any assets recovered.

E.Reopening to Correct Social Security Number or other Individual Taxpayer Identification Number of Debtor. A motion to reopen a case to correct the social security number or other individual taxpayer identification number of the debtor must be accompanied by the required reopening fee and must comply with the provisions of Local Rule 1009-1(G) and (H)

F.Reopening Case to Avoid a Judicial Lien. A motion to reopen case to avoid judicial lien and a proposed order Local Form 5010-1(F) must be accompanied by the fee required by subdivision (A) of this rule. The motion to reopen must comply with Local Rule 4003-2, and must be served in accordance with Bankruptcy Rule 7004 (b)(3) and (h) using the Local Form 20A, Notice of Motion, Notice of Deadline to File Objections and Notice of Hearing, procedures set forth in Local Rule 9013-1(B). Upon expiration of appeal time of the order on the motion to avoid judicial lien, the case shall be reclosed without further order of the Court.

G.Reopening Case to File Official Form 423 "Certification of Completion of Financial Management Course." If the certificate of completion of the required financial management course is not filed by the time the case is administratively ready for closing, the case shall be closed without entry of the discharge. If the debtor subsequently completes the requirement, the debtor may file the certificate accompanied by a motion to reopen the case to request entry of discharge along with payment of the required reopening fee.

H.Reopening Case to File Required Local Forms for Issuance of Discharge. In Chapter 7, 12 or 13 cases closed without entry of a discharge under Bankruptcy Rule 4004, for failure to comply with certification and statement requirements, the debtor may seek to reopen a case for the purposes of obtaining a discharge upon the payment of any required reopening fee and the filing and service of the forms required under Bankruptcy Rule 4004.

I.Motion to Reopen for Chapter 11 Discharge. See Local Rule 3022-1.