Motion to Reopen Main Case
Last Updated: March 7, 2014

A closed case must be reopened to do the following:

  • File Amendments to Schedules Adding Creditors

  • File an Adversary Proceeding

  • Administer assets (Trustee)

  • File a Motion. The case does not need to be reopened to file a motion for contempt unless additional relief is requested.

  • File a Certificate Re: Financial Management Course to obtain a discharge

Filing Requirements:

Judge Martin - Madison

Judge Furay - Eau Claire

  • Motion to Reopen Case

  • Proof of Service (re: service after hearing date is provided by court)

  • Hearing Required:

To Amend Schedules Notice of Hearing in blank (with time and date left blank.) Clerk's office will schedule hearing.

To File Adversary Notice of Hearing in blank (with time and date left blank)  Clerk's office will schedule hearing. No fee is required if action relates to debtor's discharge.

To File a Motion (other than a Motion for contempt) Notice of Hearing in blank (with time and date left blank). Clerk's office will schedule hearing.

  • Hearing Not Required:

To Administer Assets No hearing is held and no fee is required. (fee is deferred)

To File Financial Certificate Filers need only give 14-day notice to all creditors. A filing fee is required.

  • Filing fee [Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. § 1930]:

    Ch. 7:   $260.00
    Ch. 11: $1167.00
    Ch. 12: $200.00
    Ch. 13: $235.00

  • Motion to Reopen Case

  • Notice of Motion:

To Amend Schedules 14-day notice to parties in interest.

To File Adversary
14-day notice to parties in interest. No reopening fee is required if action relates to debtor's discharge.

To Administer Assets No notice is required and no fee is required. (fee is deferred)

To File a Motion (other than a Motion for contempt) Usually 14 days to object unless circumstances require more or less time.  Notice is sent to the parties in interest.

To File Financial Certificate 14-day notice to all creditors. A filing fee is required.

  • Proof of Service

  • Proposed Order (may be filed after the last day to object has expired)

  • Filing fee [Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. § 1930]:

    Ch. 7:  $260.00
    Ch. 11: $1167.00
    Ch. 12: $200.00
    Ch. 13: $235.00

 


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Reopen Chapter xx Case] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer.

  7. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. When no hearing is required enter the last day to object (defaults to 14 days; modify if necessary).

  9. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.

    Note: If filing fee is not required, type either "deferred" or "exempt" in receipt field.

  10. Modify the text as appropriate.

  11. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  12. Judge Martin cases: After the court has docketed/set the hearing scheduled event, you are responsible for serving the Notice of Hearing on parties in interest and filing a proof of service re same. [If you are an e-filer, you will receive e-notification with the completed/attached Notice of Hearing. If the attorney of filer is not an e-filer, notice will be received via U.S. Mail]

  13. Judge Furay cases: Electronically file the Proposed Order. Instructions

 

 

 

 

 

11 U.S.C.: 350(b)
28 U.S.C.: 1930
FRBP: 4007(b), 5010