QUESTION

What do I need to reopen a discharged bankruptcy case?

Asked on Sep 07th, 2016 on Bankruptcy - Wisconsin
More details to this question:
I have an active lawsuit against a former employer (for wrongful termination), filed in 2011, that I did not list as a potential future asset in my bankruptcy (2013). Because the defendant has requested a summary judgment against me, I now need to add the lawsuit as a potential asset. How do I do so?
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7 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Inform the trustee of the potential recovery in the lawsuit. Let the trustee decide whether to reopen the case.
Answered on Oct 12th, 2016 at 7:04 AM

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Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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It's too late. I am assuming they are trying to dismiss your case under a doctrine of collateral estoppel. The law says you cannot take one position (that you do not have an asset) then take a different position (I have a valid claim (asset) in another proceeding. I do not think you have the defense that you did not know you owned the asset since you filed bankruptcy 2 years after you filed the lawsuit for wrongful termination. You should talk to your attorney on the wrongful termination case about this issue because frankly I do not think you can save the case now, especially since you are only seeking to add the asset to save the case. You also do not have the defense you did not know you were supposed to list that an asset because the bankruptcy schedules clearly ask you if you have any interest in an lawsuits. I am not sure why you did not list the lawsuit an asset but I think it has cost you this time.
Answered on Sep 28th, 2016 at 6:22 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Hire an attorney you will need one.
Answered on Sep 28th, 2016 at 6:22 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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File a motion to reopen your case.
Answered on Sep 28th, 2016 at 6:21 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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A Chapter 7 case may be reopened by Motion and by paying a $260 filing fee.
Answered on Sep 28th, 2016 at 11:39 AM

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Meet with an experienced BK lawyer. You need to file a motion to reopen with notice to all entities involved. Then you need to amend your schedules to list the potential asset. Any lawyer worth their salt will charge you for the consultation and the necessary legal work.
Answered on Sep 28th, 2016 at 11:35 AM

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You can reopen the case to add a creditor IF the claim arose before the day you filed the bankruptcy. You file a Motion to Reopen with a proposed Amendment listing the creditor, his address, the amount or estimated value, of the legal action, and the date when the cause of action arose. Courts charge $300 to reopen, and may charge an extra $30 for the amendment. Best of all, get the lawyer you used for the BR involved.
Answered on Sep 28th, 2016 at 11:35 AM

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