Legal Question in Bankruptcy in Michigan

Re: Proper way for debtor to file motion to reopen chap. 7

A typed letter is not a motion. Although the court will probably allow you some latitude, your motion should look somewhat like a proper motion with a caption containing the names of the court, debtor, and case number. You may also need a hearing date. If your case gets dismissed and you need to refile, it will get expensive.

Re: Proper way for debtor to file motion to reopen chap. 7

The bankruptcy reform act which took effect in October, 2005 requires individuals filing bankruptcy to complete two classes. First, prior to filing (your ticket into a case), you must take a pre-filing budgeting class. Once completed, you must file the certificate generated by the credit counseling agency with the court. The only time this requirement is waived is when there is an emergency filing. In that case, you must file a motion with the court to waive the pre-filing class requirement. After you file your bankruptcy action and within 45 days of the 341 meeting of creditors you must complete a personal finance management course (your ticket out of bankruptcy). You must file the certificate from this class along with Form 23 which merely is a verification that you completed the class.

Many, Many attorneys and individuals who file on their own have had their cases dismissed because the pre-filing class was not completed. In your case, because you did not take the pre-filing class, even if you motioned to re-open your case, your motion may not be granted unless you also request a waiver of the pre-filing class requirement. I would suggest that you file a new bankruptcy action which would be much easier than filing your motion.

If you chose to file a motion to re-open the case. You must draft a motion which is a request to the court. You must include the caption of the case, case number and explain in detail what you are requesting. You must file your original and proposed order with the court and a copy to the Chapter 7 Trustee, US Trustee and each of your creditors.

I understand your frustration, but keep in mind that Bankruptcy law is very complicated, especially with the new laws and prodeural requirements. Many attorneys stopped practicing bankruptcy law when the laws changed because of the complexity of the laws. You should have a legal aid office in your community that will assist you with your bankruptcy at no charge if you qualify for free legal assistance. If you do not qualify, you should ask their office of names of attorneys who would charge little or nothing to help you. Good luck.