Filing an AP in a Chapter 13 bankruptcy that was closed a year ago. I always reopen, but I believe there is caselaw that says for an AP based upon discharge injunction violations, the case does not need to be reopened. I think you only have to notify affected creditors. If it is a discharge violation there is no fee for reopening. I usually never mentioned the creditor’s name in the motion, I just keep it generic. I always include the name or names of the offending parties in the motion to reopen a case for a discharge injunction. I do this for two reasons. First, I get a lot of early settlement offers. Second, it will get the case to a big law firm who will be ready to respond to the AP and generally will accept service of process. We do file the motion with an ex parte order and there is no fee for the debtor to reopen for this purpose.
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