Legal Question in Bankruptcy in California

Motion to Re Open a Ch 7?

What is the statue of limitation to file a Motion to Re-Open a Ch. 7 BK? If it has passed how can I stop a garnishment that was put incorrectly on a BK? The Attorney for the Creditor was listed instead of the Company and now wages are being garnished from a single mom. Please Help! This lady cannot afford an attorney and the paralegal who did the BK had no clue what he was doing. Thank you.


Asked on 9/15/03, 12:05 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Motion to Re Open a Ch 7?

There is no statute of limitation for reopening a case to remedy a violation of the discharge injunction, but it should really be unnecessary. If it was a no asset Ch. 7 case and a discharge was granted, then the debt to this creditor was discharged regardless of whether they received notice of the bankruptcy case, under 9th circuit law. (In re Beezley).

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Answered on 9/15/03, 12:21 pm


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