Need Major Guru Help, Quick!

[dingdong]

It isn't closed yet, just dismissed.

I don't have any secured creditors.

What is the difference between emergency motion or just an application?

[justbroke]

READ THIS: You need to contact the clerk or your case manager and ask if it is closed.

You can ask... should you file a Motion to Vacate Order Dismissing Case, is that okay, or do you need to file a Motion to Re-Open.

It is ALL dependent on the status of your case (whether it's open or closed)!!!

[dingdong]

Not closed, just dismissed

CAn I just change the heading on my motion to an order to vacate>?

I talked to the clerk.

[justbroke]

It isn't closed yet, just dismissed.

I don't have any secured creditors.

What is the difference between emergency motion or just an application?

Re-openning a case is by motion.

Emergency just speeds things up, but it must be a true emergency (e.g. they are coming to get your car or home).

CALL THE CLERK'S OFFICE. TALK TO THE CASE MANAGER, not the Intake center. You should be able to find out who manages your case. They usually separate them by last 2 digits of SSN or the Case Number. Find out now... call them NOW.

Ask them about what I posted prior to this post.

[dingdong]

[justbroke]

Good. Did you call the CLERK's office?

I would change...

Attached to this motionis a copy of Official Form 22A that Applicant will immediately file with the4 court.

To something similar to the fact that you are contemporaneously filing the Form B22A with the Motion...

Debtor is contemporaneously filing Official Form 22A with the court.

I made some edits below...

6. A motion to vacate for the purpose of filing Form 22A and seeking a discharge is authorized under 11 U.S.C. Section 350(b). This is questionable as I don't know if this is CLOSED or not. Besides, you wouldn't ask to Vacate the order closing the case, you'd ask to Re-Open the case, so this one is questionable.

7. Wherefore Applicant prays that the above-entitled motion for dismissal be vacated for the purpose of permitting Debtor to file Official Form 22A.

Dated: December 17, 2008
Signed:

[dingdong]

The case is not closed. The clerk said it wasn't

[justbroke]

The case is not closed. The clerk said it wasn't

Excellent. Make sure you file Form 22A at the SAME time as you file the Motion.

[justbroke]

Okay, we have problems. You cite... 11 U.S.C. Section 111 as the reason why you were dismissed.

Are you sure it wasn't 11 U.S.C. Section 707???

[dingdong]

OkHows this?BTW thanks so much for your help!
1. On November 24, 2008], Applicant filed a Petition for Relief under Chapter 7 of Title 11 of the United States Code, and on December 17, 2008, said case was dismissed without an order of discharge under 11 U.S.C.Section 727.

2. The reason given for the Court’s dismissal* was that the Court failed to timely receive Official Form 22A, Means Test, under 11 U.S.C. Section 111.

3. Prior to the dismissal of her case, Applicant had in fact completed form 22A under 11 U.S.C. Section 111 but inadvertently failed to file a completed Official Form 22Awith the court.

4. Applicant seeks to vacate the order of dismissal* by filing form 22A with the court.

5. Attached to this application is a copy of Official Form 22A that Applicant will contemporaneously file with the court.

6. A motion to vacate by ex-parte application for the purpose of filing Form 22A and seeking a discharge is authorized under 11 U.S.C. Section 350(b).

7. Wherefore Applicant prays that the above-entitled motion for dismissal be vacated for the purpose of permitting Applicant to file Official Form 22A and move the Court for a discharge in her Chapter 7 bankruptcy case.

[dingdong]

I will look on PACER right now and post back

[dingdong]

It appearing that the debtor(s) in the above−captioned case has failed to file all the documents required under F.R.B.P. 1007 or
3015(b) within 15 days after the filing of the petition and no motion for an order extending the time to file the required documents
has been timely filed in accordance with F.R.B.P. 1007(a)(5) or 3015(b),
IT IS HEREBY ORDERED THAT:
1) The case is dismissed, the automatic stay is vacated and all pending motions and adversary proceedings are
moot and dismissed.
2) Any discharge entered in this case is hereby vacated in its entirety.

[justbroke]

You need to change "Applicant" to "Movant" or "Debtor"... wherever it appears.

Also, I think you were dismissed on 11 USC 707 and not 11 USC 111 (111 is all about dismissals for lack of credit counseling)

[dingdong]

[justbroke]

Yeah, so it's a Federal Rules of Bankruptcy Procedure Rule 1007 issue... tied to 11 USC 707 really. You need to get rid of the 11 USC 111 language. Put in eitehr Fed. R. Bankr. P. Rule 1007 instead (or 11 USC 707).

It appearing that the debtor(s) in the above−captioned case has failed to file all the documents required under F.R.B.P. 1007 or
3015(b) within 15 days after the filing of the petition and no motion for an order extending the time to file the required documents
has been timely filed in accordance with F.R.B.P. 1007(a)(5) or 3015(b),
IT IS HEREBY ORDERED THAT:
1) The case is dismissed, the automatic stay is vacated and all pending motions and adversary proceedings are
moot and dismissed.
2) Any discharge entered in this case is hereby vacated in its entirety.