BANKRUPTCY RULE 5010-1

REOPENING CASES

A motion to reopen a closed case must state specific facts and reasons showing cause for reopening the case. The motion must be served on the former trustee in the case and the United States Trustee. There is no notice period for a motion to reopen. See D.N.D. Bankr. L.R. 2002-1.

If the court grants the motion to reopen, the moving party must then file and serve an application or motion with a notice to interested parties requesting the relief sought. The notice period for an application or motion seeking relief after a case is reopened is 14 days, except when the debtor seeks to amend schedules to add an omitted creditor or to modify a claim under D.N.D. Bankr. L.R. 1009-1.

For example, if a debtor seeks to reopen a case to file a financial management certificate or a certification of domestic support obligations, the debtor must file a motion to reopen. If the motion is granted, the debtor may then file the certificate and a motion seeking entry of discharge with a 14-day notice to interested parties.