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Motion to reopen case and for leave to file domestic support certification or proof of completion of instructional course in personal financial management

State:
Multi-State
Control #:
US-BK-0045
Format:
Word
Instant download

Definition and meaning

A Motion to Reopen Case and for Leave to File Domestic Support Certification or Proof of Completion of Instructional Course in Personal Financial Management is a legal document filed in bankruptcy court. This motion is typically used by debtors who need to reopen their bankruptcy case to submit certain required documents.

The two main components of this motion include:

  • Domestic Support Certification: This is a specific document that confirms whether the debtor has made any necessary domestic support payments.
  • Proof of Completion: This refers to evidence that the debtor has completed the required instructional course in personal financial management.

How to complete a form

Completing the Motion to Reopen Case and for Leave to File Domestic Support Certification requires careful attention to detail. Follow these steps to ensure accuracy:

  1. Download the Form: Obtain the motion form from a reliable legal document provider.
  2. Fill in Personal Information: Enter the debtor's name, address, and case number accurately.
  3. Indicate the Purpose: Clearly state the purpose of the motion, whether it's for filing a domestic support certification or proof of financial management course completion.
  4. Sign the Form: The form must be signed by the debtor or their legal representative.
  5. Submit the Form: File the completed form with the bankruptcy court, ensuring that any applicable fees are included.

Who should use this form

This motion is intended for individuals who have previously filed for bankruptcy and need to reopen their case. Such users typically include:

  • Debtors who are required to provide evidence of support payments.
  • Individuals who must demonstrate completion of a financial management course.
  • Users seeking to modify their bankruptcy filings based on new circumstances.

People looking to navigate their financial obligations after bankruptcy should utilize this form to comply with legal requirements.

Key components of the form

The Motion to Reopen Case includes several critical components that are essential for processing the request. Notable elements include:

  • Case Information: Name, case number, and chapter of bankruptcy are crucial for identifying the specific case.
  • Filing Fee Information: Confirmation that the reopening fee has been paid or will be paid upon filing.
  • Document Submission: A clear statement regarding the simultaneous filing of the required certification or proof.
  • Certification of Service: This section confirms that all relevant parties have been informed of the motion.

Common mistakes to avoid when using this form

When filing the Motion to Reopen Case, users should be cautious to avoid the following common errors:

  • Omitting necessary personal or case information.
  • Failing to pay the required reopening fees.
  • Submitting the form without proper signature or certification of service.
  • Neglecting to file the required domestic support certification or proof of completion alongside the motion.

These mistakes can result in delays or rejections of the motion, so careful attention is essential.

What documents you may need alongside this one

When filing the Motion to Reopen Case, it’s critical to include any documents that support your claims. Potential documents to prepare include:

  • Domestic Support Certification: This must be completed to demonstrate adherence to support obligations.
  • Proof of Course Completion: Evidence that the debtor has successfully completed a financial management course.
  • Payment Receipts: Any receipts proving payment of the filing fee for reopening the case.

Having these documents ready can streamline the process and ensure compliance with court requirements.

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FAQ

Definitions of make a motion. verb. propose formally; in a debate or parliamentary meeting. synonyms: move go, move. have a turn; make one's move in a game.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for. If a party thinks that a subpoena asks for documents that have nothing to do with the case, or asks for too much information, the party can make a motion to quash the subpoena.

A pending motion is a request made to a court, either in writing or orally, asking for a specific ruling or order. It is a motion that has been filed but has not yet been decided upon by the court.

Motion. n. a formal request made to a judge for an order or judgment.

Motions. Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include: Motion to Discover. A motion by which one party seeks to gain information from the adverse party.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

We can define motion as the change of position of an object with respect to time. A book falling off a table, water flowing from the tap, rattling windows, etc., all exhibit motion. Even the air that we breathe exhibits motion!

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Motion to reopen case and for leave to file domestic support certification or proof of completion of instructional course in personal financial management