Last updated: 9/16/2011
Order Reopening Chapter 13 Case Without Appointment Of Trustee
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Description
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS _____________DIVISION IN RE: § § § § § § § § § Case No. ___________ Debtors Chapter 13 ORDER REOPENING CHAPTER 13 CASE WITHOUT APPOINTMENT OF TRUSTEE FOR COMPLETION OF DISCHARGE PROCESS1 ON THIS DATE the Court considered the Motion to reopen the above-referenced case filed by the Debtors, __________________________________, for the purpose of allowing the filing of certain documents that are required as a prerequisite for the entry of a Chapter 13 discharge, the completion of the suspense period required under the Local Rules of Bankruptcy Procedure to allow for objections to certain of those documents, and, if appropriate, the entry of discharge for each such Debtor. The Court finds that the required filing fee has been paid and that the appointment of a trustee is not necessary under these circumstances. Accordingly, IT IS THEREFORE ORDERED that the above-referenced Chapter 13 case is hereby REOPENED for the limited purposes of: (1) permitting each Debtor to file the: G "Statement of Debtor Regarding Applicability of 11 U.S.C. §522(q) in a Chapter 12 or 13 Case" [the "§522(q) Statement"] in a format substantially conforming to TXEB Local Form 4004-c; G "Certification of Debtor Regarding Status of Domestic Support Obligations in a Chapter 12 or 13 Case" [the "DSO Certification"] in a format substantially conforming to TXEB Local Form 4004-d; G "Certification of Completion of Instructional Course Concerning Personal Financial Management" (Official Form 23); (2) the filing of any objection to the statements and certifications of each Debtor and the resolution thereof; and if appropriate, the entry of all documents relating to the discharge of each Debtor. IT IS FURTHER ORDERED that any objection to the §522(q) Statement or the DSO (3) 1 Counsel for Debtor should copy this form for use in similar circumstances in the future. American LegalNet, Inc. www.FormsWorkFlow.com Certification filed by each Debtor must be filed within thirty (30) days of the filing date of such Statement or Certification and served upon each debtor and the attorney for the debtor(s). If an objection is timely filed, then a hearing to consider the objection shall be scheduled under the normal procedures of the Court. IT IS FURTHER ORDERED that no trustee shall be appointed in this reopened case, pending the further order of this Court. IT IS FURTHER ORDERED that, upon the entry of an order either granting or denying the discharge of each Debtor, this case shall again be closed. -2- American LegalNet, Inc. www.FormsWorkFlow.com