Fixing an Error in Your Bankruptcy Filing

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Even with all the planning and forethought that goes into your bankruptcy filing, mistakes can still happen. So, what do you do if you discover an error after your case has been closed? Typically, it is possible to reopen a case to cure a procedural error such as:

  • forgetting to name an important creditor
  • failing to file your credit counseling certifications
  • forgetting to list a valuable asset
  • the debtor receives a windfall of money or income
  • neglecting to follow the appropriate procedure to remove a judgment lien on real property
  • any other reason approved by the court

How do you reopen a case? We can file an ex-parte motion with the bankruptcy court requesting permission to reopen your case without providing notice to all of your creditors. The court may also allow the case to be reopened without holding a hearing. The motion outlines the relief that is being sought and what error will be fixed by reopening the case. If the court grants our motion, we can proceed with your case on the one issue until it is resolved.

It is critical to understand that there is no guarantee that the bankruptcy court will permit you to reopen your case once it has been closed. Therefore, it is important to make every effort to ensure that your pleadings and paperwork are correct and all-inclusive when they are originally filed.

If you have questions about filing for bankruptcy protection, we have the answers. Call us today to schedule your initial consultation. Our office is located in Melbourne, but we proudly serve individuals and businesses across the State of Florida.

 

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