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    need advice asap...

    I know I am a pain in the bootie and I apologize.

    Recap: case got closed and no discharge because the court said my financial management certification was missing..lawyer said it was not filed the right way..so he filed a petition to the court to reopen it on ( he filed it on Jan 15)..well I call and actually talked to someone and she said the court stricken the petition because something did not match to reopen it..WOW..what am I to do????

    told me she would all the court in the morning and then have the lawyer call the court in between his court hearings and clients..which means I probably will not get an answer.
    they were suppose to call the court first thing today..did not happen..

    I have had very bad luck with this and I fear it will not be discharged.
    Will it ever be overith? I am beginning to question it.

    Any advice is very much appreciated..
    FILED June 30, 2008
    DISCHARGED March 5, 2009
    CLOSED March 20, 2009

    #2
    Kinda crazy huh ?

    Soory i have no pearls of wisdom yet.

    did the attorney mess up, the company not submit the certificate?

    Comment


      #3
      Sounds like ours are very similar situations except I am pro se. I will let you know when I hear back from the case manager. I got her voicemail today that said she would be out of the office on Wed. and back today so maybe that's why my motion hasn't been ruled on yet.
      12/05/08 - filed pro se
      01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
      04/01/09 - new 341 scheduled
      6/02/09 - DISCHARGED!!!

      Comment


        #4
        Well this is what I found about reopening a case that was closed without discharge:

        "There are times when a case is closed before a discharge is granted. A case that has been closed without a discharge or dismissed may be reopened. This commonly happens in cases where a debtor does not timely complete the personal financial management instructional course, which is a requirement under the Bankruptcy Code. Courts should reopen the case and grant a discharge if the debtor files a motion to reopen with a certificate attached that shows that the course has been completed, but not if there were other reasons to deny a discharge."

        I think this is good news for both of us!
        12/05/08 - filed pro se
        01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
        04/01/09 - new 341 scheduled
        6/02/09 - DISCHARGED!!!

        Comment


          #5
          My lawyers secretary called me and said she spoke with the court that over sees the court district that i went to. Said it is okay, it was the way the papers were in order and this court is VERY picky..lucky me I told her.
          This has been going on since June 30,2008
          Yeah, i know ABSURD..
          They laughed because this is their only case that has ever been dragged on for months and months
          I hope it will be overwith this month.
          She told me if I do not get a discharge paper in a week to call back...
          Crossing my fingers...
          FILED June 30, 2008
          DISCHARGED March 5, 2009
          CLOSED March 20, 2009

          Comment

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