Rule 1017-3.     Dismissed Case - Reinstatement Prior to Closing

          (a)     A motion for reinstatement of a dismissed case shall be filed no later than ten days after the entry of the dismissal order and shall be served upon all creditors and parties in interest.

          (b)     In addition to the requirements outlined in subsection (a), a motion for reinstatement of a dismissed case that was dismissed for failure of the debtor to make payments shall state with particularity:

                    (1)     the circumstances which explain why the required payments were not made;

                    (2)     the circumstances which have changed that would permit the debtor to make future payments;

                    (3)     the date and manner of the proposed future payments by the debtor to the trustee; and

                    (4)     any new debt incurred from the date of dismissal.

          (c)     Any order of reinstatement shall be prepared by the debtor and served upon all creditors and parties in interest. The debtor shall also file a certificate of service of the order of reinstatement with the court.
 
 

Comment

          This rule applies to pending dismissed cases. If closing of the case has occurred, parties must proceed under 11 U.S.C. 350 and FRBP 5010 which necessitates the payment of a fee for reopening the case pursuant to 28 U.S.C. 1930(b). According to the Bankruptcy Court Fee Schedule promulgated by the Administrative Office of the U.S. Courts, the fee to be charged for reopening is the filing fee in effect for commencing a new case on the date of reopening.