Amended Notice Regarding New Procedures for Striking Pleadings Filed in Closed Cases
AMENDED NOTICE REGARDING NEW PROCEDURES FOR STRIKING PLEADINGS FILED IN CLOSED CASES
On February 17, 2009, the Court issued a Notice Regarding New Procedures for Striking Pleadings in Closed Cases. That notice explained that the Court will strike, without prejudice, any pleadings filed in a closed case unless a motion to reopen such case is first filed under 11 U.S.C.
§ 350. The notice contained a list of exceptions for certain pleadings that may be filed after a case is closed without first filing a motion to reopen the case. The purpose of this amended notice is to add three pleadings to that list of exceptions.
Effective immediately, only the following pleadings may be filed in a closed case without first filing a motion to reopen the case. Pleadings listed in bold print have been added to the original list.
Motion to Reopen
Requests and Writs of Garnishment
Certificate of Service
Applications to Pay Unclaimed Funds
Affidavit of Claimant for Unclaimed Funds
Request to be Removed from Receiving Electronic Filings
Affidavit of Non-compliance
Motion to Restrict Public Access to Pleading or Claim Containing Personal Identification Information Not Permitted Under Bankruptcy Rule 9037(a)
Notice of Rescission
Chapter 7 Trustee Reports
This amended notice makes it clear that a motion may be filed in a closed case to restrict public access to a pleading or claim containing personal identification information not permitted under Bankruptcy Rule 9037(a), and that the Court may grant such motion by order entered in the closed case. This does not mean that the moving party may then also file another pleading, claim or amended claim in the closed case without first filing a motion to reopen the case.