Table of Contents Next Previous
Local Bankr.R 5010-1 Reopening Cases.
EFFECTIVE MARCH 16, 2026
- A Motion to Reopen a case pursuant to 11 U.S.C. § 350(b) and FRBP 5010 is an exception to the Contested Matter Procedure, may be set for a hearing, and shall state with specificity the reason for the reopening. See Appendix M. The Court, upon a finding of cause, may grant the motion, subject to appropriate limitations.
- A filing fee for a case reopened pursuant to 11 U.S.C. § 350(b), 28 U.S.C. §1930, the Bankruptcy Court Miscellaneous Fee Schedule, and FRBP 5010, shall be filed with the Motion to Reopen, unless the case is being reopened:
-
- to permit a party to file a complaint to obtain a determination under FRBP 4007(b);
-
- when a Debtor files a Motion to Reopen a case based upon an alleged violation of the terms of the discharge injunction under 11 U.S.C. § 524;
-
- to correct an administrative error; or
-
- to redact a record or document already filed in a case pursuant FRBP 9037, if the redaction is the only reason for reopening the case.
- A Motion to Reopen is not required to file an Application for Payment of Unclaimed Funds in a closed bankruptcy case or adversary proceeding, if the payment of unclaimed funds is the only reason for reopening, pursuant to Local Bankr. R. 3011-1 (e).
- Any substantive motion filed with the Motion to Reopen may not be acted upon unless and until the Motion to Reopen is granted. If the substantive motion is a Contested Matter in accordance with Local Rule 9014-1, the substantive motion shall not be acted on, and a Notice of Contested Matter Bar Date shall not be served, unless and until the Motion to Reopen is granted.
