QUESTION
Can an already dismissed ch7 BK be reopened?
Asked on Feb 26th, 2013 on Bankruptcy - Missouri
More details to this question:
I filed ch7 because of some rental properties. I have already been dismissed from the ch7, but received a notice from one of the banks. there were 2 banks involved. one bank was responsive during the BK, the other (a larger bank) was not. the larger bank just sent a "notice of appearance and creditor request for notice" letter. this larger bank WAS listed on the BK, so they cant reopen to be listed, as they were initially on the BK creditor list. should I be worried? can they reopen my case?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
First of all, let's try to clarify some terms you are using because they affect the answer to your questions.
When you say your bankruptcy case was dismissed, that means that you did not receive a discharge of debts. Thus, why would your creditors want to reopen your case at all? They have no restrictions on trying to collect on your debts if you did not receive a discharge.
If you DID receive a discharge, then your case was NOT dismissed as you stated. In that event, I would think that YOU would want to reopen the case to add any omitted creditors, if necessary.
In the Ninth Circuit (which includes California), there is no need to add omitted creditors in a "no-asset" chapter 7 case. You should check with an experienced bankruptcy attorney in your district as to whether it is necessary for you to reopen your case to add any omitted creditors.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Feb 26th, 2013 at 4:19 PM