chap 7 dismissal

[itsme]

Hi,

We filed Pro Se, sailed through the creditor meeting and all was good.

We got a notice that the bk was dismissed because of not paying all of the installment.

WE sent 75.00, then the final 224.00 way ahead of due date. They say they never received the 75.00. That payment we did not send registered mail.

We are tracing the money order, but that may take up to 3 weeks.

I sent a letter to the clerk, cc the judge.

I got a letter back from the law clerk that states what they received, and what they did not.

It says "it is recommended that you contact the USPS regarding placing a trace on this 75.00 payment.

Assuming when we get the trace back that this is not an error on the bk office, what can I do here?

Thanks.

Dave

[CATCHMEIFYOUCAN]

Hopefully the trace back will prove that SOMEONE from the clerks office received the money order and your case will go on. Hate to think that afterall you've been through your case would be dismissed! I think you after to wait a certain length of time to be able to refile again, couple months but you would have to pay all the fees all over again. Others will chime in during the day to offer their opinions/experiences.

Sorry to hear that! Best of Luck, Catchmeifyoucan

[Minnymouth]

This is a good "education" as to why when it involves legal business SEND IT - RETURNED SIGNED RECEIPT............ then there is no doubt about them receiving it......

If your $75.00 was mailed out during the Christmas Holidays - its probably in a stack of Christmas cards somewhere laying around a post office that has never been delivered.

Hope you find it - but doubt that you will...........snail mail SUCKS............

You will probably end up having to file all over again.....

Sorry,

Minny

[happycarl]

Real simple answer here.

You take your cash, purchase a USPS Money Order and hand delivery it to the US Bankruptcy Clerk's office EVERY TIME until your filing fee is paid in full, getting a receipt EVERY TIME.

This is just too important to leave to chance to something like the US Mail.

[BKOnce]

Someone had spent that money order in the mail.

[bige1030]

You might be able to reopen the case once you come up with the missed payment plus $260 (reopening fee) if the missing payment isn't the bankruptcy clerk's fault. Re-filing a new case may be cheaper, but it won't be to your advantage, since you'll either have to wait a year or prove to a judge that you deserve an automatic stay for the duration of the case (rather than just 30 days) because you didn't refile in bad faith.

[lee72]

filing pro se

How did you file pro se? Where did you get help to do it? I want to file pro se but have no idea where to get forms or if I should use a full service company etc? Can you help with some advice?

[itsme]

How did you file pro se? Where did you get help to do it? I want to file pro se but have no idea where to get forms or if I should use a full service company etc? Can you help with some advice?

I bought two books, one had the forms included. I did a lot a research and prep.

It's not hard. The creditor meeting went really well, the trustee was very friendly.

The first payment was not sent certified. That was not right. But we put forth a lot of effort to do this correctly, with complete honesty.

I am more interested in not having to refile. I don't want to turn the clock back and start the waiting game over. I am hoping to re-open, if this is needed, if it was not the clerks fault.

How would I go about that process, once we have the results of the trace?

thanks,

Dave

[Spartan]

I don't understand. You can find out if the money order has been cashed or not, with one phone call.

[happycarl]

You are assuming it was a USPS Money Order and not one of those that you can buy for 50 cents at your neighborhood convenience store.

You don't send it registered mail anyway, you send it certified mail.

I would be more than concerned. Unless this really was the US Bankruptcy Court Clerk's office fault, which I highly doubt as they are a government office and have to account for the money in and out on a daily basis, this filer may find that he has to hire an attorney.

There can be all kinds of repercussions under the new law once a case has been dismissed because of an uncorrected deficiency.

[Spartan]

The 50 cents money order bought at Western Union or Moneygram counters, can be checked with a phone call too.

"..I am more interested in not having to refile. I don't want to turn the clock back and start the waiting game over. I am hoping to re-open, if this is needed, if it was not the clerks fault.

How would I go about that process, once we have the results of the trace?.."

Call the court clerk. I am sure they can tell you what to do to have the case reopened. That would be the worst case. Chalk it up as an expensive lesson. Good luck.

[itsme]

It takes up to three weeks to trace a money order from USPS.

We finally got the results...not cashed, refund issued for the money order.

So, now I will have a piece of paper saying I purchased a money order for 75.00 and the money order was never cashed.

My thought is to approach this honestly...I made a good faith effort, and the piece of mail was lost. I did not use the money order for something else. With the second payment, we marked it final payment, and included a letter saying it was the final payment. We believed it was completed. We did everything else by the book, to the letter.

Is there an appeal process for the dismissal? Or is the only way to do this through the reopen?

Any thoughts?

Thanks,

Dave

[bige1030]

The only way that I've heard of is with the reopen. You might talk to the court clerk, though, to see if they will have sympathy with you. If not, you'll have to file a motion to reopen, pay the $75 plus the reopen fee ($260 for Chapter 7 last I saw). It's unfortunate, I know, since it wasn't your fault and it makes bankruptcy more expensive for you...you have my sympathies.

[itsme]

Its done

discharged!

So here is what I did...

I wrote a letter to the bk clerk, cc to the judge, regarding what happened. I enclosed copies of the money orders, and a copy of the refund for the lost money order. I simply stated that somewhere between the post office and the clerk, one was lost.

I mailed in the missing 75.00

The court made a "sua sponte motion" (the court made a motion by itself) to vacate the dismissal It allowed 25 days for anyone to object.

25 days is up. The court issued a final vacate, and reopened the case, issued a discharge, and closed the case.

So, it is done. Faith in the system restored.

Thanks to all who offered a glimmer of hope!

[almostthere]

That's wonderful!
No one should have to go through the waiting twice!
Congratulations~!