Has anyone else had to reopen their case?

[blankslate]

And been successful? I just filed the motion, notice of motion and order to reopen. I know it's still very soon after that action but still am not seeing anything on pacer regarding any action. No one took any action on my motion to vacate the dismissal that led to my case being closed in the first place so I'm hoping someone else has had experience with this that they can share.

If not, I guess you'll all learn from me.

[crazycrew77]

I am in almost the same boat as you are.
My case got closed and it still states awaiting discharge. I guess the lawyer did not put the papers in order like the court wanted them, so they closed it. The lawyer paid from his own pocket Holy moly) and filed a petition and so forth. Well that was almost 1 month ago and still NOTHING
Very fusterating when the lawyer is suppose to call the court today, we shall see..Not holding my breath. This has been a very long battle for me

[crazycrew77]

maybe we are the only ones that need to reopen our case

[blankslate]

Yipes! Well I'm glad to know that a lawyer could've screwed up as badly as I did ;) I'm going to be calling the case manager today and asking her to keep my motion at the top of the "in box".

[blankslate]

Well, I filed the motion to reopen on 2/06/09 and still no action on it. I twice submitted orders just in case they didn't get the first. The case manager told me she keeps putting it to the top of the Judge's box. Do you think I should call the courtroom Deputy and ask? They're the ones who submit the courtroom schedules.

[crazycrew77]

I would call.
I call the trustees office here and they always tell me" contact yourlawyer", everyone tells me the county I am is the most stike bankruptcy county...joyous... This county stinks anyways...
My lawyer keeps telling me" I am fixing it, give it 48 hours"
well it has been over 48 hours, no change

[blankslate]

I called the Deputy and that turned out to be the right thing to do. She wasn't please by what the case manager told me. The reason there has been no action on the motion to reopen is because they wait until after the last day of objections. After that last day, THEN you submit an order.

Also turns out, my order did not look good so I'm redoing it and she directed me to the website that has order templates.

My last day for objections on the motion is Monday so I'll be filing the order on Tuesday.

Hope that info helps!

[justbroke]

As you learned, the Case Manager can be your friend, or a hindrance. Generally, you won't get an action on a Motion until the hearing date has passed, or the negative noticing date (if your Court allows that).

Now, this is District specific. Some Districts, you submit the proposed Order with the Motion. In others, like mine, you submit the proposed Order after the hearing or the negative noticing date elapsed. In any event, it's all based on the last date for objections (or the negative noticing date), or for an actual hearing.

When you have a real issue or concern, you can call chambers (courtroom deputy). Most Judges have a list of things they expect and have specific procedures documented.

I can't tell you for every District, but my District posts each Judge's "Judicial Preference Questionaire" which includes things like... when to call chambers.

For example, here's two from my Judge...

Q: Is it appropriate to telephone Chambers regarding the status of pending matters?
A: Yes, particularly if substantial and unexpected time has passed since a matter was taken under advisement.

Q: Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
A: Yes, if the question truly is procedural, not substantive.

[cemo101]

notice to Vacate dismissal ??

HELP. i need to re open my case FAST! but as much as i have search i can't find the form for a "Motion to vacate dismissal" so i could have my case re-opened again. can anyone help ?? thanks!
-Cesar

[justbroke]

There is no form. You write it in the form of a Motion. You list the grounds on which your requested relief, vacating of the order dismissing, can be granted. You always as for the specific relief at the end.

Now, what you wrote is confusing. There's a difference between re-opening and vacating the dismissal.