Need Major Guru Help, Quick!

[justbroke]

Yes, they didn't dismiss under 11 USC 111 because that section is about credit counseling. They dismissed on 11 USC 707.

[dingdong]

Hows this

1. On November 24, 2008], Debtor 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 707.

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 707.

3. Prior to the dismissal of her case, Debtor had in fact completed form 22A under 11 U.S.C. Section 707 but inadvertently failed to file a completed Official Form 22A
with the court.

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

5. Attached to this motion is a copy of Official Form 22A that Debtor 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 Debtor 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]

[justbroke]

Minor correction at number 3... remove that "under 11 U.S.C. Section 707"... that's the "dismissal" section of the code. Just remove it.

Otherwise, it gets the point accross.

[dingdong]

First I would like to broadcast a formal declaration of undying graditude to Justbroke for all of his/her help.

Thank you, thank you, thank you!

Ok, since this forum is a major learning experience for all of us, I am posting my errors here.

After going through my pet/sched multiple times, it looks like I STILL forgot to include my Means Test in the filings.

I was sure I included it, I know I filled it and printed it, but somehow it didn't get filed. I even asked (quite humbly and nicely, of course, and she happily obliged) the clerk to go check the actual phyisical papers I filed to see if it was a clerical error on their part.

So I filed my Motion to Vacate Dismissal, but.... I forgot to bring an order to vacate, so... I had to handwrite an order on a blank piece of paper right there in front of the clerk. Yikes, I am sure the judge is going to have a good laugh when she reads that nervously written document. Shaky pen guiding my nervous words!

I asked the clerk if she thought it would "fly" and she said the Judge would probably be impressed that I knew what to do as most pro se filers just give up when they get to the dismissal part.

The value of knowledge knows no ends!

So I am anxiously awaiting PACER updates, hoping for a little mercy from the court. The clerk said my case manager is gone until Monday, so it is going to be a few nervewracking days until I find out, but the good news is my Motion is already docketed on PACER so they can't close the case until the Judge rules on my motion.

I am hoping since I filed the motion on the day it was dismissed that the judge will be accomodating and grant my motion to vacate.

What do you in the know think my chances are? I had everything else filed timely.

Lookin for a little hope


Thanks!
Dingdong

[justbroke]

Very nice. That's what I was hoping for. I was hoping that the Motion to Vacate Dismissal would stop the close!

Worse case, is that you'll have to come back and Motion to Re-Open and pay $260.00. The Motion to Re-Open will have similar language as your Motion to Vacate.

[dingdong]

HI

Nice to hear from you.

If I do happen to have to file a Motion to reopen, do I have to re-figure all of my income on my petitions from the date the re-open is granted? For example the 6 months average income for Sched I ( I think that is the sched for income)?

[justbroke]

HI

Nice to hear from you.

If I do happen to have to file a Motion to reopen, do I have to re-figure all of my income on my petitions from the date the re-open is granted? For example the 6 months average income for Sched I ( I think that is the sched for income)?

No. A re-open is different than a new case. A re-open just continues the existing case. You do not need to update anything... unless you want to add some new creditors.

Some of this depends on local rule. You would ask the clerk what's required.

[dingdong]

Thanks again

Do you know how long a judge has to rule on an emergency motion?

Dingdong

[justbroke]

Do you know how long a judge has to rule on an emergency motion?

Usually they'll read it within 2 court days.

[bkchap7filer]

I mean no disrespect, ding dong, whatsoever when I say this because this is really hard and complicated stuff. But....this case is the poster child for why I think it is almost always better to get an attorney. As you have said, you have had a wonderful benefit from having justbroke's awesome input. Where would most pro se filers be right now?? Dismissed and closed is where!

[justbroke]

I mean no disrespect, ding dong, whatsoever when I say this because this is really hard and complicated stuff. But....this case is the poster child for why I think it is almost always better to get an attorney. As you have said, you have had a wonderful benefit from having justbroke's awesome input. Where would most pro se filers be right now?? Dismissed and closed is where!

Not to defend pro se filers, but a look on this board will show a poster that had their case dismissed too. Oh, but it was their lawyer who forgot to file some papers.

It wasn't the lawyer who figured it out either... it was the Debtor who checked PACER.

So, there is blame on all sides.

This specific issue is NOT a reason to not file pro se. This is not a complex issue. It was a filing deficiency, which I've seen many lawyer do (including service process issues), over and over again.

Having a lawyer, would not necessarily have prevented this mistake. This is a diligence mistake, and I've made mine as well on service of pleadings. So has just about all the lawyers in my District, made that mistake at least once. There are some lawyers who keep having issues everytime they file a paper with the court.

[bkchap7filer]

Point taken. However, what I was referring to was the expertise in fixing these errors. The attorneys are more versed in what to do in these situations than most pro se filers.

[dingdong]

Believe me, if I had 2000.00 I would have gladly turned it over to the lawyer.

Just didn't have any where to beg borrow or steal it.

My family is broke, lost their biz to the economy and my mom is 74 and on SS, dad passed 10 years ago.

Single mom working two jobs. My income has been cut in half with the economy and lost half my shifts I just didn't have it. I was spending almost 1000.00 on gas when it was almost 5.00 /gallon here in CA I drive an hour and a half between my two jobs.


I checked those darn papers so many times before filing, that I nearly went crazy. I had my list of forms required and checked each one over and over. I absolutely know I had the forms. The only thing I can think of is I had the papers (Form 22A) in my file folder when filing and just forgot to turn them in. I had about 5 copies of each form and stacks of paper. It was just a very stupid oversight.


Filing pro se may be risky, but for some it is an absolute necessity , as in my case. I didn't "cheap out" in any way. Just didn't have the money and needed to file right away so we wouldn't end up homeless due to a wage garnishment.

[justbroke]

Point taken. However, what I was referring to was the expertise in fixing these errors. The attorneys are more versed in what to do in these situations than most pro se filers.

That I would agree with. But pro se filers need a resource (place to go) where they can determine what the next step might be (since we don't offer legal advice).

If this forum (BKForum) can serve as -- and wants to serve as -- a resource for pro se filers... I will stay and continue to offer my opinion about different matters.

This forum has helped me in some areas (not procedurally, but in some things I considered) and thusly, I am here to giveback to the community. I wish I had visited this forum months before filing, rather than 2 weeks before filing.

In the long run, I don't advocate filing pro se unless the case is simple. By simple I mean, no asset cases, and cases which don't involve a lot of taxes, arrearages, multiple homes, business, etc.

In an effort to promote full disclosure... I wouldn't recommend anyone file a case like mine pro se, at all.