Case Dismissed - Order to Vacate granted? How to tell?

[schism7273]

My lawyer had a mix up in paperwork and they dismissed our case on the 14th of June. In pacer I see that on the 15th there is a document entered to vacate and it says Granted. Now, I don't know what that means? Does that mean my lawyer entered the motion to BE GRANTED and the court still has to decide or does it mean that it IS GRANTED?

It says specifically in PACER doc:
ORDER GRANTING DEBTORS' MOTION TO VACATE DISMISSAL OF CASE
Upon consideration of the Debtors' Motion To Vacate Order Dismissing Case, it is by the United States Bankruptcy Court For The District Of Maryland;
ORDERED, that the Debtors' motion be and the same is hereby GRANTED.

My hearing is supposed to be tomorrow and I can't tell if it's still on or not. I'm confused because on the 17th papers were mailed to everyone that the case was dismissed. Why would that happen if the motion to vacate was granted on the 15th, the day after it was dismissed?

I've emailed my lawyer and am waiting for an answer but thought I'd ask here too.

[tigergem]

The judge vacated the dismissal. So it is not dismissed. So you better show up tomorrow with bells on. When the judge vacates something, it means they are supposed to pretend they don't even see it. Like it never even happened. It is a judicial rubber eraser.

[schism7273]

The case was dismissed on the 14h and when I talked to my lawyers office they said what I was seeing was the order that was filed but it has not yet been granted. This is two weeks now. How long do they have? My mortgage company sent me an acceleration letter saying I have to pay back payments by August 4th I think was the date.

My lawyers office says if they won't grant the order vacating (and reinstating) that we could file again right away. That will be a real pain and aggravating. I thought we'd have to wait six months but I guess I am wrong? I'm so irked this has happened and I don't know why it's taking sooooo long for the judge to grant or even review the request to vacate.

Anyone been through this/have experience?

[tigergem]

Do you see something in PACER that says 21 day suspense - or something similar - in conjunction with that order? Look for it under the Deadlines/Schedule link on the first Query page of your case.

[schism7273]

Hmm.... with that document number under deadlines (due/set) I do see a 7/2/10 date. Is that when they have to make a decision by or perhaps when they will schedule a hearing? I have no idea!

[tigergem]

BINGO. That is the date that the order gets pushed in front of the judge. It has been my experience that it sometimes takes a couple of days after that date for the judge to actually sign it. If he is going to schedule a hearing, that will probably also be when he does that.

[schism7273]

Thank you for the help. I've been going batty! I can't believe this has happened. We would have (should have) been confirmed two days ago if this wasn't going on. As if this isn't hard enough....

[tigergem]

Hang in there. Good luck.

Oh, almost forgot. Don't panic if you don't see anything in PACER until the 7th or 8th of July. It sometimes takes a couple days after the suspense date for the judge to sign it, and then sometimes another couple of days for it to get into PACER. If you don't see anything by the following Friday, I would start making noise..