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Can I reopen my bankruptcy case without an attorney?

Greenville, SC |

My bankruptcy was discharged last year, and a debt buyer is now trying to collect on several of the accounts that were included in my case. I have spoken to the collection agency and they are aware of the discharge, but haven't removed the negative information from my credit report. My attorney is refusing to help me in filing a motion to reopen my case. Is this something I can do myself?

Attorney Answers 3

  1. You could file a motion to reopen the case yourself, but you may not need to do so. Some attorneys, such as myself, might be willing to handle such a case on a contingency basis, after checking out the facts. Feel free to contact me if you would like a free consultation on this matter.

  2. If you want it done right, you should hire an attorney. Now, that doesn't necessarily mean your old attorney, especially if s/he is unresponsive or not willing to help.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

  3. One, if a creditor or an assignee of the creditor who was discharged in you bankruptcy is attempt to collect that is contempt. There is no court fee to reopen and many attorneys will accept such a motion knowing the bankruptcy court will award attorney fees. It is my understanding that a creditor does not have to remove negative information from a credit report but it should now reflect that you have discharge the debt in bankruptcy. Call your local bar association for a referral or look in AVVO for an attorney in Greenville local. But do consult with an attorney.

    Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question does not constitute an attorney client relationship, nor can his answer be relied on since the question does not permit Attorney Sternberg to seek additional information necessary to render an legal opinion.

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