§ 405.37.Authority of Court to Exonerate Or Modify Undertaking

Undertakings are not necessarily fixed for the life of the case. Section 405.37 gives the court ongoing authority to revisit an undertaking it required under § 405.33 or § 405.34 -- or one the parties agreed to by stipulation instead of a court order -- and to exonerate it (release the surety) or modify its terms, after notice and a hearing, for good cause and on terms the court finds just.

The court is not limited to an all-or-nothing choice. In granting relief under this section, it may condition the exoneration or modification on the party giving a new undertaking under § 405.33 or § 405.34, so protection for the claimant does not disappear when circumstances change.