Legal Question in Bankruptcy in California

How do i reopen my bk and file my form 23? do i have to notify all my creditors that i am reopening my case?


Asked on 9/14/10, 3:01 pm

2 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

In most jurisdictions, there is a combined motion to reopen the case and to allow the debtor (you) to file form 23 after the case has been closed without a discharge. Being in Garden Grove, I assume you filed your case in Santa Ana. If you navigate to the Court's website (www.cacb.uscourts.gov), and click on the link on the right for "Forms/Rules/General Orders," then on that next page click the button for "Local Bankruptcy Rules & Forms," you will have access to the Court's local rules and forms. First, read the section of the local rules - Local Bankruptcy Rule 5010-1 to determine the proper procedure for preparing, serving and filing th emotion. Next, go back and open the form "F5010-1.1M" and complete it. You need to give the Judge a good reason why you failed to complete the Course and file the appropriate certification and form B23. Be sure to have a valid phone number on the form, as the Court will generally notify you by phone of their ruling, or if a hearing is going to be scheduled on your motion. Good luck - these get granted about 50% of the time. Alternatively, you can hire an attorney to do this for you - in my experience it is worth the money to have someone handle this properly.

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Answered on 9/21/10, 12:29 pm


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