Local Rule RULE 5010-1: REOPENING A CASE
Bankr. N.D.N.Y. — General rule
RULE 5010-1 REOPENING A CASE
(a) Closed Cases. The only motions that will be acted upon in a closed case are motions to reopen a case or to redact. No other relief may be requested in a closed case until the order reopening the case is entered. Unless otherwise ordered by the Court, motions filed in contravention of this paragraph will result in a deficiency notice being issued by the Clerk.
(b) Filing Fee. A motion to reopen a case pursuant to Fed. R. Bankr. P. 5010 shall be accompanied by the appropriate filing fee, unless subject to exemption or deferral as set forth below:
(1) Exemption. No filing fee is due when a case is reopened: (A) to permit a party to file a complaint to obtain a determination under Fed. R. Bankr. P. 4007(b); or (B) when a debtor files a motion to reopen a case based upon an alleged violation of the terms of the discharge under § 524; or (C) when the reopening is to correct an administrative error made by the Clerk or Court.
(2) Deferral. The Court may defer payment of the filing fee when a case is reopened by a trustee and there is no asset available from which to pay the filing fee. The filing fee shall be paid promptly upon the trustee's ability to do so. The trustee shall notify the Court if no assets are discovered and payment of the filing fee will be waived.
(d) Notice of Motion to Reopen. Unless the Court orders otherwise, notice of a motion to reopen shall be given to the former trustee, the United States trustee and, when the moving party is not the debtor, to the debtor and debtor's counsel. Except as provided in paragraph (e) of this Rule, a motion to reopen a case must be noticed for a hearing pursuant to LBR 9013-3.
(e) Ex Parte Relief. A motion to reopen a case may be considered ex parte if the purpose of the reopening is (1) to file a debtor's certificate of completion of financial management course, (2) to correct an administrative error made by the Clerk or Court, (3) to permit a debtor to pursue an alleged violation of the terms of the discharge under § 524, or (4) to avoid a judicial lien pursuant to § 522(f).