11 U.S.C. § 350 | Closing and reopening cases

(a)

After an estate is fully administered and the court has discharged the trustee, the court shall close the case.

(b)

A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.

Pub. L. 95–598Nov. 6, 197892 Stat. 2569 Pub. L. 98–353, title III, § 439July 10, 198498 Stat. 370(, , ; , , .)

Historical and Revision Notes

senate report no. 95–989

Subsection (a) requires the court to close a bankruptcy case after the estate is fully administered and the trustee discharged. The Rules of Bankruptcy Procedure will provide the procedure for case closing. Subsection (b) permits reopening of the case to administer assets, to accord relief to the debtor, or for other cause. Though the court may permit reopening of a case so that the trustee may exercise an avoiding power, laches may constitute a bar to an action that has been delayed too long. The case may be reopened in the court in which it was closed. The rules will prescribe the procedure by which a case is reopened and how it will be conducted after reopening.

Editorial Notes

Amendments

Pub. L. 98–3531984—Subsec. (b). substituted “A” for “a”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–353July 10, 1984section 552(a) of Pub. L. 98–353 section 101 of this titleAmendment by effective with respect to cases filed 90 days after , see , set out as a note under .