Is there a time limit for amending a bankruptcy chapter 7 petition, after the discharge?

Asked almost 2 years ago - Paterson, NJ

is there a time limit for amending a bankruptcy chapter 7 petition, after the discharge?

Attorney answers (4)

  1. Bruce C Truesdale

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    Contributor Level 12

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    Answered . Technically there is not, but a motion to reopen your case must be filed with the Court and the motion is subject to approval by the Bankruptcy Judge assigned your case (assuming the Judge is still sitting). The granting of the motion my turn on the reason that you seek to reopen the case. As a rule of thumb, it should be possible to reopen the case if it has been a year or less since the case was closed. If you are seeking to reopen the case because of an omitted creditor and yours was a "no asset" case, there is applicable case law that might make the necessity of reopening the case moot.

  2. Steven R. Neuner

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    Contributor Level 9

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    Answered . First you have to consider why you would need to amend. Is it to add a creditor, or to include an asset or lawsuit claim you forgot to list or mention? In New Jersey and elsewhere in the Third Circuit, if your case was a "no asset" case, meaning the trustee did not find anything to generate money for creditors, your discharge covers all creditors that could have been listed but were not. If your purpose is to get a discharge of some otherwise dischargeable claim that was not listed, reopening may not be necessary. If on the other hand you need to list an asset that was not included, reopening may be far more important. If you move to reopen you will have to pay another filing fee. I would recommend consulting with a qualified bankruptcy lawyer about what you need to do, as there are some issues and considerations that might make it worthwhile for you to reopen. Most times, however, it is not needed simply to add creditors you missed.

    The foregoing answer is for informational and educational purposes, not for purposes of legal representation. This... more
  3. Peter Walter Weston

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    Contributor Level 17

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    Answered . There is no time limit to reopen.
    If the case is closed, you have to reopen, as described by my colleague.

    If the case is still open, after a discharge, you can amend until the court closes it.
    In my districts, most cases remain open after discharge, usually for a few weeks.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more
  4. Robert A. Stumpf

    Contributor Level 19

    4

    Lawyers agree

    Answered . There are very few reasons you'd probably actually want to.

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