Need Major Guru Help, Quick!

[dingdong]

I am officially the poster child for screwing up a simple case!

I will wear that badge with honor!

I am one to believe that things happen for a reason. I learned a lesson in diligence. Maybe that is why this has all taken place? Or perhaps my error will prevent another, who knows, but it happened , nothing I can do about it now except go to Law School.

[justbroke]

... nothing I can do about it now except go to Law School.

FYI, from my experience and hundreds of case reviews... attending law school wouldn't have fixed this particular problem. Lawyers do it too!

[dingdong]

Yeah,

I think it all comes down to the greatest faults on our planet.

Human Error and Free Will.


The Best of All Possible Worlds.

Gotta love Voltaire

Without a little suffering , is there really any good?

[dingdong]

So I have been reading through the Federal Bankruptcy Rules.

I found this:
Rule 9005. Harmless Error
Rule 61 F.R.Civ.P. applies in cases under the Code. When appropriate, the court may order the correction of any error or defect or the cure of any omission which does not affect substantial rights.

IF the judge doesn't grant the motion to vacate dismissal, would I be able to do anything by using this rule above?

[justbroke]

So I have been reading through the Federal Bankruptcy Rules.

I found this:
Rule 9005. Harmless Error
Rule 61 F.R.Civ.P. applies in cases under the Code. When appropriate, the court may order the correction of any error or defect or the cure of any omission which does not affect substantial rights.

IF the judge doesn't grant the motion to vacate dismissal, would I be able to do anything by using this rule above?

You would only use that argument if you get a hearing (judge wants to hear your grounds), are ordered to submit a memorandum of law, or you end up filing an appeal on any denial of your motion.

I would simply just wait for close and immediately motion to re-open... citing Rule 9005 and any other grounds for relief you feel you deserve. Oh, and then make sure you send the $260 with it.

You have one thing going for you which you may not be aware of. Judges (the Court) must liberally construe your motions, so the judge may grant your Motion to Vacate on Rule 9005 anyhow.

[dingdong]

Wow, very cool rule.

I kind of like that rule.
I am going to title it the DingDong rule.



Whenever I screwed up my mom would say "Don't be such a Dingdong!"
hence my screen name.

I screwed up, therefore I am a dingdong.
Screwedupo, ergo dingdongum

Cogito, ergo sum.

[dingdong]

My motion to vacate dismissal was successful!


Yay!

Thanks to everyone for their help, especially Justbroke!

[bkchap7filer]

Congratutions! That is awesome news!

[CindyLou]

Great outcome!!!!!!!!!!!!!!!!!!!!!!!

[justbroke]

My motion to vacate dismissal was successful!


Yay!

Thanks to everyone for their help, especially Justbroke!

You are welcome. And very good news.

[justbroke]

My motion to vacate dismissal was successful!

Here's the interesting part... did they used your hand-written proposed Order... or did they re-type it?

[dingdong]

Yep, they used my handwritten order, the judge crossed out a word and inserted a couple.





Here is the verbage I used in the order, with the typical captions declaring the proper court, my case number, in re, etc.


Order Granting Ex Parte Motion to Vacate order dismissing case

I hereby grant the motion to vacate the order dismissing case (blah) and allow debtor to file form 22A in order to complete any ( she crossed out any and wrote the) deficiency in filing on her bankrutpcy petitions and schedules and allow a discharge under USC 350(b) ( she then added if otherwise appropriate after the section citation)

I drew a line, she signed on it and that was that.

All hand written and scanned in to PACER handwritten

So happy!

[justbroke]

All hand written and scanned in to PACER handwritten

So happy!

Cool beans. (BTW, I'm a "he"... so be careful how you spread that undying love... LOL)

[dingdong]

Thanks,

Don't worry, I am a she, so you should be ok.If you have a Mrs, just tell her it was only platonic!!

Merry Christmas!

Weeeeeee!