Amended Notice Regarding New Procedures for Striking Pleadings Filed in Closed Cases

Release Date: 
Tuesday, May 26, 2009

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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

Garnishee Disclosure

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.