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. -19- BANKRUPTCY RULE 5071-1 CONTINUANCES A party seeking a continuance of any bankruptcy matter must file a motion as soon as the party knows of the grounds for a continuance.

The court will grant a continuance only upon a showing of cause. If a continuance is granted, the moving party is responsible for sending notice to interested parties. If a continuance is granted within 24 hours of the scheduled bankruptcy matter or adversary proceeding, the moving party must provide notice by direct communication as well as electronic filing. If one of the parties is pro se, the moving party must provide notice of the continuance by direct communication if a continuance is granted within 48 hours of the scheduled hearing.

All requests to continue a meeting of creditors under section 341 must be directed to the United States Trustee or the trustee assigned to the case.