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Missouri Notice of Reopening of Bankruptcy Case to Add Creditor(s)

State:
Missouri
Control #:
MO-SKU-0356
Format:
PDF
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Description

Notice of Reopening of Bankruptcy Case to Add Creditor(s)

The Missouri Notice of Reopening of Bankruptcy Case to Add Creditor(s) is a document filed with the court by the debtor in a bankruptcy case in order to add new creditors to the case. This notice informs the new creditors that they have been added to the list of creditors in the bankruptcy case. It also informs them of their rights, such as filing a claim to receive payment from the debtor, and provides information on how to do so. There are two types of Missouri Notice of Reopening of Bankruptcy Case to Add Creditor(s): voluntary and involuntary. A voluntary notice is filed by the debtor when they choose to add new creditors to the case. An involuntary notice is filed by the court when creditors are added to the case by order of the court.

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FAQ

If you file a Chapter 7 case and find out about it before the case is closed, you can have your attorney file an amendment to add the creditor and all will be well. If you filed a Chapter 13 case, and file the amendment before the plan is confirmed, you will similarly be all right.

Adding a Creditor After a Chapter 7 Filing If you do miss one, you will have to pay a fee to have your petition amended. If a creditor is not listed in your Chapter 7 and your filing is declared a ?no asset? case, even omitted creditors are considered discharged in most jurisdictions.

You can reopen a bankruptcy case by filing an ex parte motion that describes why you want to reopen the case. An ex parte motion is a motion that the judge will review right away without notice to any other parties. You must submit a proposed order with the motion.

Reinstating a Bankruptcy Case As long as your case hasn't been closed, you can ask the court to reinstate the case by filing a Motion to Reinstate. The court doesn't have to grant your request, but it may do so if you can explain how you fixed the problem that led to the dismissal.

Yes, you can add a creditor any time before your case is closed, even after the discharge is entered. For a detailed step-by-step guide on how to add a creditor after filing, check out this article. If your discharge has already been granted, make sure you send a copy of it to the creditor you're adding.

The bankruptcy rules allow you to file an amendment to your bankruptcy forms any time before you receive your final discharge. If for some reason you need to file an amendment after your discharge, then you will have to ask permission from the court.

A discharge is the bankruptcy court's order erasing qualifying debts, like credit card balances, medical and utility bills, and more. However, the discharge order doesn't close the case.

If your Chapter 13 bankruptcy case was dismissed, you could refile. However, you will need to wait 180 days if any of the following apply to your case: You voluntarily dismissed the case after a Motion for Relief was filed. The case was dismissed with prejudice.

More info

A chapter 7 bankruptcy case can be reopened after discharge and case closure under certain circumstances. You, the trustee, or a creditor can ask the court to reopen your bankruptcy case after your case has been closed.A decision on a motion to reopen is committed to the sound discretion of the bankruptcy court. Subdivision (c) is amended to include chapter 12 cases. Notwithstanding rule 3. In South Carolina we have one federal judicial district for the entire state. In South Carolina we have one federal judicial district for the entire state. The bankruptcy court will send you a written notice about the dismissal. After the bankruptcy petition is filed, the court mails a notice to all the creditors you listed. The borrower serves a Motion for Sanctions that he filed in the bankruptcy court.

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Missouri Notice of Reopening of Bankruptcy Case to Add Creditor(s)