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Courts and procedure
Reopening a case
Asking the bankruptcy court to open a closed case again. A case may be reopened, in the court where it was closed, to administer assets, to give relief to the debtor, or for other cause. 1
Talk to a lawyerHow it works
The court closes a case once the estate is fully administered and the trustee has been discharged from the job. Reopening starts with a motion, which the debtor or another party in interest may file. One common reason is a creditor that keeps trying to collect a discharged debt. 1 2
A trustee is not appointed automatically. In a reopened Chapter 7 or Chapter 13 case, one is appointed only if the court decides a trustee is needed to protect the interests of the creditors and the debtor, or to make sure the reopened case is efficiently administered. 3
The court fee schedule sets a fee for a motion to reopen. Under the schedule effective December 1, 2023, it is $245 for a Chapter 7 case and $235 for a Chapter 13 case. The court may waive the fee under appropriate circumstances. 4
The reopening fee
| Reason for reopening | Fee |
|---|---|
| The case was closed without a discharge 4 | Must be charged, unless the court waives it 4 |
| To file a complaint about whether a debt is dischargeable 4 | Not charged 4 |
| Because of an alleged violation of the discharge 4 | Not charged 4 |
| To correct an administrative error 4 | Not charged 4 |
The fee schedule lists other situations as well. Check with the clerk of your bankruptcy court.
Common questions
Is it too late to ask whether a debt is dischargeable once the case is closed?
Not necessarily. A complaint about whether a debt is dischargeable, other than one of the kinds that has its own deadline, may be filed at any time, and no reopening fee is charged when a case is reopened to file it. 4
Sources
Need something fixed in a closed case?
A bankruptcy lawyer in your state can tell you whether reopening is the right step.
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