LBR 5010-1. REOPENING CASES

LBR 5010-1. REOPENING CASES

(a) Motion. A motion to reopen a closed bankruptcy case must be supported by a declaration establishing cause therefor. The motion must not contain a request for any other relief.
(b) Separate Motion or Adversary Proceeding.
(1) A request for any relief other than the reopening of a case, including relief based
upon the grounds for reopening the case, must be made in a separate motion or
adversary proceeding, which may be filed concurrently with the motion to reopen.
(2) This subsection does not apply to a motion to reopen a case solely for the purpose of seeking an extension of time to file Official Form 23, Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management.
(c) Notice. The movant must give notice of the motion to any former trustee in the case and the United States trustee.
(d) Fee. If a fee is required, the movant must pay the fee upon the filing of the motion to reopen, unless otherwise ordered by the court.
(e) Ex Parte Consideration. A motion to reopen may be considered ex parte. The movant must not calendar a hearing date nor will a hearing be held on the motion, unless otherwise ordered by the court.
(f) Assignment. The motion will be assigned to the judge to whom the case was last
assigned, if still in office; otherwise, the motion will be assigned at random by the clerk
to a judge to hear and rule upon the request.
(g) Closing of Case. If no motion or adversary proceeding is pending 30 days after the case is reopened and if no trustee has been ordered appointed, the case may be closed without further notice.
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