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Dismissed bankruptcy case, can I reopen

Armonk, NY |

My chapter 7 case was dismissed because I did not provide the trustee with tax returns. Can I reopen the case? If so, how?

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Attorney answers 5

Posted

Just because the case was dismissed does not mean that it is closed. Act quickly by filing a Motion to Reconsider the Order of Dismissal and this time, get an attorney to represent you. Hope this perspective helps!

Posted

Perhaps. You'd have to file a motion to reopen, which is not automatically granted. You'll have to prove to the court that there was a legitimate reason why you failed to comply with the trustee's demand for tax returns. Unless you have a valid, good reason, the court probably won't reopen the case.

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Posted

I agree with the others, timing is a factor.

Act quickly and provide the required documents.

The Court is not out to get you, but you need to follow the rules.

Good luck.

If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.

Posted

In order to reopen the case you have to prove to the court there was a legitimate reason you failed to comply in a timely manner with the trustee's demand.

Good Luck!

Posted

Yes. You have to bring a motion to reopen and pay a fee. You have to ask for relief, i.e. reopen the case so you caan supply the documents.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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