24 hours

[okiemom2008]

Okay, I think I'm going to film a new movie. I need someone to play the U.S. Trustee, The U.S. Bankruptcy Judge, the Debtor, and the Debtor's Attorney. We think we can get Glen Close to play as the U.S. Trustee, and William Shatner as the Debtor's Attorney.

The movie will be titled.... Enemy of the Estate

Of course, this is not to be confused with a project that I'm filming in Thailand right now titled The Pursuit of Debtors.

lol

[dingdong]

Bumping for some good news on your motion. Anything on PACER yet?

[blankslate]

Still no news (thanks for continuing to think of me though!) It is 4:50PM Monday so I don't imagine anything new would show until after 5PM tonight.

On my motion, there is a deadline for objections set as Jan 29th so I guess it's not that urgent to them?

[AngelinaCat]

In our area, PACER seems to be updated after 6:00 PM, though I have seen things appear at any time.....

[dingdong]

Still no news (thanks for continuing to think of me though!) It is 4:50PM Monday so I don't imagine anything new would show until after 5PM tonight.

On my motion, there is a deadline for objections set as Jan 29th so I guess it's not that urgent to them?

Didn't you file an Emergency Ex Parte Motion. I don't think there should be a deadline for objections for an ER EPM? Ex Parte means one sided, only the judge rules on it, it doesn't really involve anyone else if I am correct.

Did you use an Ex Parte Motion? OR just motion the court to vacate the order?

[blankslate]

I thought it was an emergency motion I filed but from what I see on Pacer it's just a motion to vacate the order. Still no update on the status of that. I'm going back to the courthouse again tomorrow morning (now that I have my car back) to see about filing an emergency motion. My concern is the clerk told me not to pay for the second installment of the fees until the dismissal was vacated so I didn't. I ended up needing that to bail my car out and now won't have anything at all to pay until the 22nd. I have all of the receipts and my check stub to show how much I had to pay and why I don't have anything left over at all.

I'm going to try to cut and paste from pacer - hopefully it won't lose the formatting

Doc.
No. Deadline/Hearing Event
Filed Due/Set Satisfied Terminated
18 Opposition Due (17) 01/07/2009 01/26/2009
18 Notice of Motion 01/07/2009 01/07/2009

[dingdong]

Your motion should have been an Emergency Ex Parte Motion. Ex Parte means "From one party" and the judge rules on it without requiring any of the other parties in the matter to be heard.

I am not too familiar with the rules of procedure in a BK court and don't know if you can file another Emergency Ex Parte Motion after filing a motion with the court in order to speed the process along. Perhaps Justbroke can chime in a help out, he seems to know his stuff on procedure. I believe BK judges are required to rule within 48 hours of an emergency motion. I could be wrong.

Sorry wish I could be of more help.

Did you look to see if that missing form was docketed, not just listed somewhere on PACER , but docketed as your other forms were?

Did you check the status link in PACER and see what the time in status is and if there is a deadline there?

[dingdong]

I just looked at your PACER paste, is the reference to item 17 the motion you filed? Look at the actual document and see if you filed an Ex Parte Motion. You probably have to clck on the number "17"

[blankslate]

Ok, just looked at the docket report and this is what it says:

01/06/2009 17 Balance of Schedules: Summary of Schedules, Statistical Summary of Certain Liabilities, with Certificate of Service filed by ***(my name). (Li, J.) (Entered: 01/06/2009)
01/07/2009 18 Notice of Motion to Vacated Dismissal filed by ***(my name). Notice Served On: 1/7/2009. Unless an Order Shortening Time has been entered, Opposition due by: 1/26/2009. (Li, J.) (Entered: 01/08/2009)

17 was the summary of schedules that were the missing documents causing the dismissal of the case

[dingdong]

I wonder if you could re-motion with an emergency ex parte motion under the harmess error rule "Rule 9005. Harmless Error"

Basically you could say your are pro se and didn't know about filing an ER EPM, and you are only missing one form, it's not like you are in possesion of real property and subject to a foreclosure or an unlawful detainer action. and you would most likely motion to have it reopened if it closed.

I am seriously a rookie on BK procedure, I know a fair bit about California Civil Procedure but that won't help you.

I know you mentioned you have a garnishment? most likely nothing will happen until the 26th bar date for opposition, but I peronally would want to be covered by the stay.

I know lawyers forget stuff all the time and motion the court for extensions of time, etc.


You might want to PM Justbroke and ask him if you could file the Emergency Ex Parte Motion given that you have already filed a motion to vacate, I don't know how the court would look upon this?

Or you could just wait it out.

I am stuck. It would be nice if you could get your BK rolling again and get your 341 out of the way instead of waiting until the objection date clears.

Maybe HHM has some insight? He's a smart fellar!

[blankslate]

Ok, so I just got this off of PACER - keep in mind I did not have a 341 and no answer on my motion to vacate the dismissal. Is this bad?

01/13/2009 19 Trustee's Report of No Distribution: Trustee of this estate reports and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. I have received no funds or property of the estate, and paid no monies on account of the estate. Wherefore, the trustee prays that this report be approved and the trustee be discharged from office. (Entered: 01/13/2009)

[dingdong]

NO, That is really good!

That is weird that you didn't have your 341 and received that.

That is what you get after your 341 has been held and they rule you no asset and you have passed the Trustees grilling.

Wow.

You didn't go to your 341 yet, correct?

Must be some sort of clerical error.

I probably wouldn't point it out to the court though. Kind of looks like a freebie?

[blankslate]

That's what I was thinking... i was all prepared to explain why the last installment of fees hadn't been paid yet (clerk told me not to until the motion to vacate was approved) and show reciepts from the car impound fiasco... So it looks like they did the 341 without me last Thursday. And the final installment WILL be made next Thursday on payday!

I'm afraid to be excited... but yet I am

[blankslate]

Just a quick update, I checked PACER again today and still no update on the motion to vacate the dismissal.. so the case is still in dismissal status even though the Trustee filed the report. The last day to object to the dismissal is the 29th. I hope I don't have to wait that long to find out! Friday would be good timing... my birthday! This is the year I'm determined to turn it all around!

[welovedis]

I hope you get an AWESOME b-day present!

And BTW I read that you are a dialysis pt, best of luck to you! 3 of my DH's sisters have been/are on dialysis and I am going to nursing school to become a dialysis nurse (graduate in December). It isn't an easy part of life and I hope your added stress is not affecting your physical issues.