QUESTION
Can a Chapter 7 bankruptcy closed without discharged in 2008?
Asked on Jan 02nd, 2015 on Bankruptcy - North Carolina
More details to this question:
I read a similar question to mine on here regarding a Chapter 7 bankruptcy that was closed without discharge. I filed in 2008 and because of a creditor coming after me now made me dig up my case. I did not know that it was closed without discharge and I don't know what to do. They are garnishing my wages and not sure if I should reopen my case or file bankruptcy again. This creditor is the whole reason I filed in the first place. Help!
9 ANSWERS
William Rhymer
Yes, the clerk can close a case without discharge if you did not take and timely file your second credit counseling certificate.
Answered on Jan 07th, 2015 at 5:04 PM
So much time has elapsed from your prior bankruptcy that you should file a new case. Since you do not know why your previous case was closed without discharge, however, it behooves you to hire an attorney this time so you can avoid the same mistakes a second time.
Answered on Jan 05th, 2015 at 8:55 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It might be possible to reopen a 2008 case but it would probably be easier to file a new case.
Answered on Jan 05th, 2015 at 8:41 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Your question depends on your situation now. If you have accrued more debt after you filed that petition, perhaps filing a new bankruptcy is the better approach. If you haven't accrued new debt, the question is whether a Court would open your case to let you cure whatever caused it to be closed without a discharge. If it was for failing to file the evidence of taking the second class along with the required declaration, it might be possible to correct it depending on why you haven't done it in the years since that time. If you haven't incurred further debt, it would be a pity to file again. In the end, an experienced attorney can look at the docket of your case and the facts of your case and point you in the right direction.
Answered on Jan 05th, 2015 at 8:37 PM
The most common reason a case is closed without a discharge is because the financial management certificate for completing the 2nd class was not filed. The cost to reopen the case to allow the filing of the certificate and the entry of the discharge is $260. Unless you want to repeat the bankruptcy ordeal again or have additional debts to add, reopening to file the certificate is probably the best way to go.
Answered on Jan 05th, 2015 at 8:23 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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It is possible that you didn't complete your 2nd counseling course. Call an attorney now to review your court docket from the bankruptcy court, and discuss your options.
Answered on Jan 05th, 2015 at 8:22 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It seems like your lawyer if you had one fell down on the job. Or else you may have done. The most frequent reason for closing a case without a discharge is because the debtor did not complete the second online briefing the one about Financial Management. But the courts always give you plenty of warning. You could ask to reopen your case. The clerk's office charges about $300 for a motion to reopen. But you should first find out why you were not granted a discharge. The clerk may not be willing to find your now quite old file and look through it, but you can either use the online federal courts database called PACER, or go to the clerk's office and ask to see the actual file, if your clerk's office keeps the papers which have been filed. Some do not. Good Luck.
Answered on Jan 05th, 2015 at 10:11 AM
2 Awards
If you did not complete the post instructional course then yes, your case would be closed without discharge. You need to reopen your case, complete the post instructional course, file the certificate and ask the clerk to issue a discharge order. There are forms on the court website.
Answered on Jan 05th, 2015 at 10:10 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes, you should have no issue re-filling bankruptcy.
Answered on Jan 05th, 2015 at 10:09 AM