Trustee's Ex Parte Order of Dismissal

[TurnThePage]

My Motion hearing for an Extension of the Automatic Stay was canceled due to the Trustee's Ex Parte Order of Dismissal for my case; the reason was my apparent "failure to file the required Schedules and Documents." However, I did file these documents, and they were Time Stamped before the Trustee's Order hit the docket. I sent a letter to Chambers requesting that my case be reinstated. Are there other options out there? My concern is the automatic stay is now lifted due to the Dismissal, and now the Eviction can proceed.

Even assuming the case can be reinstated, without a successful motion hearing, the automatic stay terminates on September 30th. The earliest I can reschedule the next Motion is October 11th, which doesn't help the Writ of Restitution getting posted on the door. I believe this is truly Game Over.

[justbroke]

Maybe you can file an emergency motion? You'd have to ask the Clerk of the Bankruptcy Court the process. The order hitting the docket doesn't mean that was when the order was effective. It may had been effective earlier.

You should not send anything "to chambers." Technically, should file and serve a motion for reconsideration of the dismissal and point out that you filed the required document contemporaneously with the order. You may also need to get an emergency hearing on an emergency motion. I would think that the odds may be against you in that you failed to file the required documents, have filed more than once in the last year, and are Pro Se.

Bankruptcy, even if you are Pro Se, is not forgiving on procedural errors.

[despritfreya]

This is why one should not even attempt a pro se Chapter 13. An attorney would have known how to stop the dismissal in the first place. If dismissed, he/she would have known how to expedite a hearing on reinstatement and the attempt to extend the stay.

Since you do not have an attny and, even if reinstated, the stay will be lost in less than 3 days, my recommendation is as follows:

1. Find an attorney tomorrow morning. Be prepared to pay some big bucks.
2. Give it up.

You are leasing. Even if you were successful in reinstating and timely getting the stay extended, you will eventually lose and be evicted. This, of course, presumes that you have no real understanding of 11 USC 365 which deals with the assumption of a lease and the prompt curing of a default (including legal fees). Is all of this effort really worth it just so you can continue to fight your family member or members? Life is just too short. You really should consider moving on.

Des.

[TurnThePage]

Des,

One does not simply "move on." (I can actually picture a Lord of the Rings meme here Lol) I don't want to get into the specifics here, but this is a malicious eviction from the house that was once promised to me. In any case, I don't have $2000 to $3000 a month to pay for another rental, which amazingly is the going rate here. And apparently with a FICO score in the toilet, most Landlords will not give you the time of day.

I could win the Lotto and leave the country. My only other realistic option is camping out in the mountains here.