Filing Motion to Reopen tomorrow

[blankslate]

A little recap:

Case was dismissed on 12/30 due to missing summary. 1/6 I filed the missing summary and a motion to vacate the dismissal. Was told I shouldn't pay the final installment fee until the dismissal was vacated. 1/8 was the 341 meeting, Trustee filed a report of No Distribution. Last day to object to the motion to vacate the dismissal was 1/26. On 1/27 I checked PACER and the case was closed without discharge.

I did some research and downloaded the proper motion form. In my reason for the motion I have put this in:

Case was dismissed due to missing summary of schedules. This deficiency was corrected on January 06, 2009. A motion to vacate the dismissal was also filed on January 06, 2009 with the last day for objections set for January 26, 2009. I was advised to not pay the final installment for filing fees of $150 until the dismissal was vacated. On January 27th, 2009 the case was closed without discharge due to the unpaid filing fee. That fee has been met today along with the fees for a Motion To Reopen in the amount of $260. All required documents are filed for this case.

Does that sound good?

Also a little update for those who care (Dingdong?) I am being transferred to LA and last Sunday found an apartment willing to take my bad credit and 50lb lap dog. My union paid the move in fees to be reimbursed by my company and I'm all set for the move. We leave in two weeks! Woo hoo! Health wise, I'm tired but feeling good.

[blankslate]

Well poop... I'm leaving in one hour and no one can tell me if that looks right?

[wonkettegirl]

It looks good to me! Short, concise, true, and to the point. Good luck!

[dingdong]

Hey girly

Congrats on the transfer.


Did the judge ever rule on your motion?

Can you post all the PACER stuff since the date of your motion to vacate, leaving out identifiable data?


Looks like you have not had a ruling from what you have posted.

You should call your case manager and ask if your motion was ruled on ASAP.

DD

[justbroke]

Sounds really good! I may also plead for the Motion to Re-Open fee back as well, since you were told by the clerk not to pay it!

[dingdong]

Hey JUstbroke,

Blankslate filed a motion to vacate her dismissal. From what she has posted, shouldn't she have at least a ruling on her motion to vacate?

It doesn't seem like she does, although she may have forgot to list it.

Am I correct in assuming there may be a chance that her motion was ruled in her favor and case management didn't catch it in time and it auto closed.

Shouldn't she at least find out the status of her motion before she motions to reopen? Wouldn't an order granting a MTVD cause her case to be reopened? And given that the case manager told her not to pay her filing fees until the motion is ruled upon, wouldn't closing her case with an active motion not be allowed procedurally?

[justbroke]

Shouldn't she at least find out the status of her motion before she motions to reopen? Wouldn't an order granting a MTVD cause her case to be reopened? And given that the case manager told her not to pay her filing fees until the motion is ruled upon, wouldn't closing her case with an active motion not be allowed procedurally?

You're right, but it's 10 days from the Order to get a new Motion to Vacate the Order.

So, TODAY is the last day to put in an Emergency Ex-Parte Motion to Vacate Order Granting Dismissal!!!

If you can do that Emergency Motion and Proposed Order today and get it to the Court to be Stamped (bring two copies and get everything stamped)... I'd do it now.

You can Motion to Re-Open if this one is denied.

I think this was an auto-dismissal and it's in error.

[blankslate]

Wow thanks for the replies!

Justbroke I believe you're right, it does seem that it was an auto-dismissal as the Motion to Vacate was never ruled on. I wish I could plea to get my reopening fees back but at this point I just want the case reopened so they will discharge it. The case was closed the day after the last day of objections for the motion to vacate the dismissal. I believe it was auto-closed as well.

Anyway, I went in and paid all of the fees and filed my motion to reopen today. Hopefully someone will actually LOOK at the case and reopen it and eventually discharge!

[blankslate]

I'm cutting and pasting from my earlier post when I first saw the close on pacer. It also seems to me and to the clerk that even though the missing documents WERE filed after the dismissal, it was never acknowledged by the person who closed the case. Neither was the motion to vacate the dismissal.


Order Approving Trustee's Report of No Distribution and Closing Case. It appearing to the Court that the Trustee in the above-entitled case has filed a Report of No Distribution and that the said Trustee has performed all other duties required of the Trustee in the administration of said case; now, therefore, IT IS ORDERED that said report be and it hereby is approved and the case is closed; and the Trustee is discharged from and relieved of his trust. ------Clerk (Li, J.) (Entered: 01/27/2009)

There's nothing about a discharge....

Please tell me this is good and not that my case is closed without discharge!

Here is the case summary:

Office: ----- Filed: 12/05/2008
County: ------- Terminated: 01/27/2009
Fee: Installment Discharged:
Origin: 0 Reopened:
Previous Term: Converted:
Disposition: Dismissed for Failure to File Information Dismissed: 12/30/2008
Joint: n Confirmation Hearing:
Pending Status: Closed Case ,
Flags: Closed

[justbroke]

Office: ----- Filed: 12/05/2008
County: ------- Terminated: 01/27/2009
Fee: Installment Discharged:
Origin: 0 Reopened:
Previous Term: Converted:
Disposition: Dismissed for Failure to File Information Dismissed: 12/30/2008
Joint: n Confirmation Hearing:
Pending Status: Closed Case ,
Flags: Closed

Good news is your case would have been discharged and closed when he 60 days elapsed, as evidenced in the No Distribution Report.

The bad news is the Disposition. "Dismissed for failure to file information". Your case was dismissed and closed without discharge.

The words "Trustee is discharged", just means that the Trustee performed his/her duty and is no longer involved in the case. This is not the same as your case being discharged.

[blankslate]

What I don't understand is why the dismissal wasn't vacated when the documents were filed. I think someone isn't looking at the fact that they were filed as well as the motion to vacate the dismissal. At any rate, EVERYTHING is in that file now, fees, documents, report of no distribution. When the judge sees that I can't see why it wouldn't be reopened and resumed as usual. I hope.

[dingdong]

Did you pay the fees again to reopen?

I remember you had made a partial payment? Correct? And then did you pay the balance or did you make another 299.00 payment in addition to the partial payment?

If you did make a partial payment plus a full payment to reopen, and there was a clerical error because they auto closed without taking into condsideration your motion to vacate dismissal, you may be entitled to getting your second payment of 299.00 back and just have to pay that balance that you orginally owed when you filed.

I would keep in contact with your case manager and find out why your motion to vacate was never ruled on, and then ask for the judge to rule, and see where that puts you.

You may not even have to file a motion to reopen and pay more fees as it looks like the court erred by not ruling on your motion to vacate. You would then be well on your way in the 60 days to discharge from your original 341 meeting.


Keep us posted.

[blankslate]

Well I paid out the fees and the clerk said they don't refund. Ever. So I figure that is a loss. I just paid the final fee installment of $150 and the $260 reopen fee. If they resume the case as it was then March 9th will be the last day for objects. Keep your fingers crossed!

[dingdong]

I don't know. I think if it was an error on the court's part, you may be entitled to get those reopen fees back. If they didn't follow proper procedure to keep your case open in order to rule on your motion, than you would never have had to reopen again.

Have you specifically asked your case manager if they ever ruled on your motion to vacate dismissal?


Call them and ask them that specific question.

[blankslate]

*sigh* Just checked pacer and there is a deficiency notice saying the date of my signature is missing and I need to go in there and actually write the date in. I typed it beforehand. Not sure why it has to be handwritten and not typed or maybe he didn't notice it's typed....

At least I know it was reviewed even if a deficiency notice was given instead of an action.