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Is there a time limit to reopen a bankruptcy case?

Los Angeles, CA |

If I reopen my case does the time it spends on my credit report start over?

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Attorney answers 4

Posted

No. Ten years from date of filing.

Posted

No time limit BUT court won't re-open your BK without "good cause." You did not state the reason you want to re-open. Talk with your attorney before trying to re-open. You may just waste the re-opening fee, which here in the District of Oregon was $255 the last time I re-opened. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Asker

Posted

I want to reopen my BK so that I may reaffirm my car loan which was supposed to be reaffirmed before it was discharged. I want my car loan to appear on my credit reports so that my monthly payments will help me rebuild my credit after the BK. Is this possible and if so is it worth it?

Diane L Gruber

Diane L Gruber

Posted

Court won't do that. This is not considered "good cause." Sorry.

Posted

The bankruptcy stays on your credit report for 10 years from the date of filing even if you reopen the case. As for being allowed to reopen a case the judge has control and will make the decision as to whether to allow you to do so or not regardless of the time in which you are trying to reopen.

Remember that on this forum attorneys try to answer your questions with limited facts available to them. My answer should in no way be considered legal advice. No attorney client relationship has been formed by any answer given here.

Posted

1. There is no specific time limit to reopen a case. HOWEVER, you must convince the Judge that your delay in re-opening is justified AND not prejudicial to others. Therefore, the longer the delay, the stronger reason you should have for the delay. Remember too, that the court fee to reopen a case is over $250 and there is no refund if the Judge denies the motion either.

2. The ten years on your credit report starts when you file the case and never changes even if you reopen the case.

Good luck.

Answers to questions are for general purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting an experience bankruptcy attorney in your area and providing ALL relevant information.