Local Rule 5010-1: REOPENING CASES

RULE 5010-1 REOPENING CASES A motion to reopen a case must be scheduled for hearing in accordance with LBR 9013-1(H)(3) and notice must be given in accordance with LBR 9013-1(M)(2) to the United States trustee, the previously appointed trustee, any affected party, and any party being added, if any, as a creditor or party in interest in the case. The motion shall be accompanied by the appropriate fee to reopen the case or a request for a waiver of the reopening fee, and proof of service.

Comments The appropriate fee to reopen a case must be paid when the motion is filed. [Changes effective 1/1/97]

5010-1 Time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that take effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]

5010-1 This Rule is amended to clarify that it is the movant's responsibility to schedule and give notice of a hearing on a motion to reopen in accordance with Rule 9013-1. The amendments add the affected party as among those to receive notice and indicate that a motion to reopen should be accompanied by a request to waive the reopening fee if such fee is not paid when the motion is filed. To avoid conflict between this rule and simultaneous changes to Rule 9013-1, the objection period has been amended to reference Rule 9013-1. [Changes effective 08/01/23.]