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What are the motion requirements for reopening a case? New York New York

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  • What are the motion requirements for reopening a case? New York New York

    An ex parte motion and Order (original plus (2) copies) are required to reopen a case. The reopening fee must be submitted in conjunction with the request.
    The decision to reopen a case is at the discretion of the Bankruptcy Court. In order to be in a position to exercise its discretion when ex parte motions are presented to the Court, the moving papers must have sufficient detail as to what relief is proposed to be obtained and the reasonable likelihood that such relief will be granted.
    The Court reserves the right to schedule a hearing on notice in connection with the determination as to whether a case should be reopened. if the reopening is to add pre-petition debts in a no asset Chapter 7 case, please refer to Judge Ninfo's decision In re Tucker.
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