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Reopening · Beverly Hills

Reopening a Bankruptcy Case in Beverly Hills to Fix What Was Missed

Reopening a bankruptcy case in Beverly Hills lets you fix a problem after your case has closed, such as a missing discharge or a creditor still trying to collect. If a collector is calling about a debt you thought was gone, call (310) 362-9071 for a free consultation.

  • Case closed without a discharge
  • A creditor was left off the list
  • A creditor is collecting a discharged debt
  • A lien that should have been removed

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Tell us what is happening and we will call you to set up a time.

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Signs your closed case needs attention

  • Your case closed but you never got a discharge order
  • You forgot to take the debtor education course
  • A creditor you left off is now suing or calling
  • A collector or credit report still shows a discharged debt as owed
  • A judgment lien is still recorded against your home
  • You inherited money or received a claim you should have listed

How we reopen and fix your case, step by step

  1. Review the closed case. We pull the docket and your schedules to see what happened and what is missing.
  2. Decide if reopening is needed. Sometimes it is not. In many no-asset Chapter 7 cases, an unlisted debt is discharged anyway, and a letter to the creditor solves it.
  3. File the motion to reopen. We file the motion with the court and pay the reopening fee, unless a waiver applies.
  4. Fix the issue. We file the missing certificate, amend your schedules, file a motion to remove a lien or bring a motion against a creditor that violated your discharge.
  5. Close it again properly. We make sure the discharge is entered and the case closes clean.

Cost and timeline

The court charges a fee to reopen most cases, though it may be waived in some situations, such as when a creditor violated your discharge. Our fee depends on what needs to be fixed, and you get it in writing at the consultation.

Simple reopenings, such as filing a missing course certificate, often finish within a few weeks. Cases involving a creditor that violated the discharge can take longer.

Reopening in the Central District of California

Closed cases from Beverly Hills and most of Los Angeles County are reopened in the Los Angeles Division of the U.S. Bankruptcy Court, Central District of California, at 255 East Temple Street, usually before the same judge who had the case. Older cases may need to be retrieved from archives first, which can add time.

When a creditor keeps collecting a discharged debt, the bankruptcy court can order it to stop and, in some cases, to pay damages and fees. Keep every letter, voicemail and statement as proof.

Mistakes to avoid

  • Paying a discharged debt to stop the calls. Payment can be treated as voluntary. Call us first.
  • Waiting years to fix a missing discharge. The longer you wait, the harder it can be.
  • Ignoring a lawsuit on a discharged debt. Respond, or a judgment can be entered.
  • Not listing new property you should have reported. An inheritance within 180 days of filing may need to be disclosed.

If your case was dismissed instead of closed, read about refiling after a dismissed case. If a creditor has sued you inside your case, see adversary proceeding defense.

Reopening questions

Can I reopen my bankruptcy to add a creditor I forgot?

Yes, you can often reopen a bankruptcy to add a forgotten creditor. In many no-asset Chapter 7 cases, though, the forgotten debt is already discharged, and reopening is not needed. We check which rule applies to your case.

My case closed without a discharge. What do I do?

If your case closed without a discharge, it is often because the debtor education certificate was never filed. You can usually take the course, reopen the case, file the certificate and get the discharge entered.

A creditor is still collecting a discharged debt. Is that legal?

No, it is not legal for a creditor to collect a discharged debt. The bankruptcy court can order the creditor to stop and may award damages. Save every record of the collection attempts.

How much does it cost to reopen a bankruptcy?

Reopening a bankruptcy usually costs a court fee plus our attorney fee. The court fee can be waived in some cases, such as when you reopen to enforce your discharge. We give you the total in writing.

Free consultation

Fix your closed case

Call (310) 362-9071 or send the form. Have your old case number and any letters from creditors ready.

Law Offices of John Asuncion
9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.

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Sending this form does not create an attorney-client relationship. Please do not include confidential details. We will contact you to schedule a consultation.

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