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Can a motion to reopen a chapter 7 bankruptcy stop a judgement?

Riverside, CA |

I mailed in the proof of my class with the last payment and the payment clear but the docs were not filed. This was March 2012 and now I have a judgment and do remember getting a dismissal.

Attorney Answers 5


  1. No, a motion to reopen a prior case that was dismissed will not stop a judgment IF the creditor or claim/judgment was not part of the prior case (...you did not file the 2nd certificate from what I can understand in your question).

    If your prior case was dismissed because you did not file the certificate, and if the judgment creditor is a new debt, then a NEW case may be filed to help with this.

    Unfortunately, your question leaves open too many possibilities to give a much more accurate answer. It would make sense to have a consultation with a lawyer to help you sort this out - probably 30 minutes or less for a complete answer.

    NOTE: we can be reached at www.salanicklaw.com (310) 590-4575. This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  2. This question is not clear. If you file a motion to reopen the case, and your debtor's education certificate has been filed with the court, then the creditors listed on your schedules will be discharged. You need to call the court to find out the procedures.


  3. You may or may not be too late. If it is a debtor education course that was not filed and the case was complete except for that maybe. If other docs were missing then no you likely would have to refile. Perhaps it is time to get an attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


  4. If the only reason the judgment is injuring you is because you didn't receive your discharge, reopening your case and filing your FMC will result in a discharge in a matter of a few days, or even hours. However, if the judgment is a lien against your real property, additional work will be required to completely eliminate the lien. I would say removing the lien will be over your head and you will need experienced representation to pull this off. Hope this perspective helps!


  5. Your questions is not very clear. If your case was dismissed because you did not file the 1st course. Then it's as if you never filed bankruptcy and now you need to file a new one. If you failed to file your 2nd educational course. typically the court will close the file without discharge. not dismiss the case. in which case you may be able to open the case, file the 2nd course and get the discharge order.

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