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    dismissed case

    My gf's case was dismissed because her lawyer "apparently" didn't get a copy of the second counselling class being completed and wasn't very diligent about making sure the paperwork was complete (isn't that why we hire them instead of filing pro se?) She faxed him the info and he said the case just needed to be re-filed. He is eating the filing fee. Is there anything else she has to do? Is there another 341? Will it take as long for the discharge as an original case? Some creditors have begun calling again.
    Thanks!

    #2
    Do not fret too much. I believe the lawyer can ask the Court or contest the Court to reopen your case. If the lawyer is going to absorb the fees, that is rare but good. I’ll bet your lawyer will pay more attention to you now than normal as you could make a bar complaint against her. Please don’t now, let’s see how it will go. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Your lawyer is correct. He'll make a motion to "re-open" the case to provide counseling information. This happens more than you think (I think there were 3 of them last week in my Judge's courtroom).

      Very simple procedure and process. As he should, the lawyer will eat the fees.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        Yes, cases can be reopened. My lawyer made a habit of it (not my case though, I stayed on him all the time). It is ridiculous how little some BK attorneys do and how screwed up things can get when they do actually do something.

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