How do I reopen my bankruptcy?

Asked over 2 years ago - Monticello, IA

I recently made an ethics complaint against my bankruptcy attorney for multiple reasons, but for the purpose of this question will address only two. Firstly, he lied on the financial statement and I need to correct that. Secondly, I told him that I wanted to pursue a personal injury case against a company and wanted it listed as a possible asset on the petition, but the attorney refused. I later learned he is that company's attorney, but he never told me about this conflict of interest. Another lawyer has already told me I have a very strong personal injury case against the company, so what I need to do is reopen my bankruptcy so I can list my claim as a possible asset and sue the company. I have no money to hire a lawyer to reopen my bankruptcy and must do it myself. What do I do?

Attorney answers (4)

  1. Candace Julia Arroyo

    Pro

    Contributor Level 7

    Answered . If this is a chapter 7 bankruptcy the process is relatively easy. You will need to find the forms of your state and file them with the clerks office.

    There may be free legal clinic in your area that will assist you in filling out the bankruptcy forms.

    However, keep in mind that you will be charged a fee to reopen your bankruptcy. The fee varies by State. Look at the Bankruptcy Court website for additional fee information.

  2. Nicholas I Fuerst

    Contributor Level 13

    Answered . Your suit against the company is an assett. Can you exempt it under your exemptions? If not the Trustee has the right to proceed. If you do not get your schedules amended to disclose, the company your are suing could use that fact as a defense against you.
    You will be estopped from the claim if you did not list it in the bankruptcy, because of judical estoppel.
    If case closed file motion to repoen along with amended schedules B and C.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . The bankruptcy court filing fees are going up on Tuesday from $260. Fon't know what the new fee will be. I am not aware that there is any difference in the amount of filing fees throughout the US. Forms to reopen are on the court's website.

    Hope this perspective helps!

  4. Warren Vincent Norred

    Pro

    Contributor Level 14

    Answered . If you don't have the money to reopen the case, you might talk about this to the personal injury attorney you hire, and see if he'll fund it. But the real cost to have an attorney do this is probably going to be less than $1k.

    I'm not your attorney; my answer to your question includes assumptions. If you want me to be your attorney, I'm... more

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