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New Jersey Application to Waive the Fee to Reopen Bankruptcy Case

State:
New Jersey
Control #:
NJ-SKU-0140
Format:
PDF
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Description

Application to Waive the Fee to Reopen Bankruptcy Case

The New Jersey Application to Waive the Fee to Reopen Bankruptcy Case is a form used by debtors who need to reopen their bankruptcy case but are unable to pay the case opening fee due to their financial circumstances. The form must be filed with the bankruptcy court in order for the court to consider waiving the fee. The form includes the debtor's name, address, Social Security number, and contact information, as well as a statement of the debtor’s financial condition. The form also requires a detailed explanation of why the debtor is unable to pay the fee and how the debtor plans to pay for their bankruptcy case. The New Jersey Application to Waive the Fee to Reopen Bankruptcy Case is available in two versions: the individual debtor version and the joint debtor version. The individual debtor version is used by debtors filing for bankruptcy as an individual. The joint debtor version is used by debtors filing for bankruptcy jointly with a spouse.

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FAQ

You can reopen a bankruptcy case by filing an ex parte motion that describes why you want to reopen the case. An ex parte motion is a motion that the judge will review right away without notice to any other parties. You must submit a proposed order with the motion.

Reinstating a Bankruptcy Case As long as your case hasn't been closed, you can ask the court to reinstate the case by filing a Motion to Reinstate. The court doesn't have to grant your request, but it may do so if you can explain how you fixed the problem that led to the dismissal.

A discharge is the bankruptcy court's order erasing qualifying debts, like credit card balances, medical and utility bills, and more. However, the discharge order doesn't close the case.

The bankruptcy rules allow you to file an amendment to your bankruptcy forms any time before you receive your final discharge. If for some reason you need to file an amendment after your discharge, then you will have to ask permission from the court.

Reopening a case requires the bankruptcy judge's approval. We do not recommend that debtors approach the court on their own. A judge will probably want to hear a credible explanation for why you forgot to list assets or debts. An experienced attorney can help you document your story.

If your Chapter 13 bankruptcy case was dismissed, you could refile. However, you will need to wait 180 days if any of the following apply to your case: You voluntarily dismissed the case after a Motion for Relief was filed. The case was dismissed with prejudice.

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New Jersey Application to Waive the Fee to Reopen Bankruptcy Case