Dismissed, counseling cert was not sent to trustee

[dan83]

Filled chapter 7 waiting for discharge, instead received dismissal notice. Apparently my attorney didn't file the certificate that was e-mailed to the office. They say they never recieved it. Am I screwed for not following up? Can I re-instate the case?

[BornAgain]

Ouch. I'm sorry to hear of that trouble. I bet there's a way to 'undo' that blunder though. Keep us posted.

[dingdong]

Yes, you can get it reinstated

Search for my posts on dismissal. It was posted in January I believe.

I had the same thing happen to me , different document ( means test)


You need to file an EMERGENCY EX PARTE Motion to Vacate the order of disimissal.


Your attorney should do it, cause he should have been on top of it and aware it wasn't filed.

Act right away and get it in along with an order of dismissal for the judge to sign.

Has your case been closed yet?

[justbroke]

Also, filing a motion to reconsider/vacate needs to be filed within 10 days of the dismissal order!!! Otherwise, you'll (your lawyer) need to file a motion to re-open.

Also, this certificate needs to be filed with the Court, not the Trustee. When your lawyer files the motion to vacate the dismissal order, the lawyer almost certainly should (must) attach a copy of the Certificate as an exhibit to the motion to vacate.

Well... that's how I would do it.

[HHM]

Did you email your lawyer the certificate, or did you realy on the CCC agency to email it to your attorney?

Not that it matters, but if it was the later, it is very possible that your attorney did not receive it.

[dan83]

Did you email your lawyer the certificate, or did you realy on the CCC agency to email it to your attorney?

Not that it matters, but if it was the later, it is very possible that your attorney did not receive it.

Yes it is very possible. I contacted the Credit Counseler and they forwarded the original E-mail to my attorney, to me with the original date. I'm not beyond reason and do understand there is an element of human error involved and don't blame them. My attorney seems to be very hard to get ahold of and I'm just trying to see what might lye ahead.

I admit that I should have followed up on this aspect of the case. The same delivery method was used for the pre counseling certificate and there was no problem there. I assumed and hopefully I don't have to pay for it.

[dingdong]

A mentioned earlier, you have 10 days from the date of dismissal to file your ER Motion, don't sit on this, if you can't get a hold of your attorney, do it yourself. It isn't that hard, but not doing it will be a major pain in the butt and could cost you more money.

[dan83]

Re-readding the notice from the court. The Chapter 7 case of the above named debtor is CLOSED. That sounds worse.

[dingdong]

[dingdong]

Re-readding the notice from the court. The Chapter 7 case of the above named debtor is CLOSED. That sounds worse.

Awww, crap!

I think you are going to have to motion to reopen, pay 260.00, then go from there.

Justbroke is good at this procedural stuff.

What are the dates of the order to dismiss and the order to close?

[dan83]

Awww, crap!

I think you are going to have to motion to reopen, pay 260.00, then go from there.

Justbroke is good at this procedural stuff.

What are the dates of the order to dismiss and the order to close?

I never got an order to dismiss, only the order to close dated Feb 20th received on the 26th.

[dingdong]

When was your 341?

[dan83]

When was your 341?

November 10th. I also had to get an appraisal on property after the 341 which delayed for 30? days I think.

[dingdong]

So your certificate was due around Jan 15th. You have 45 days from the 341 to get it in I believe.

Looks like you are going to have to motion to reopen,pay the fee again, file the certificate, and see what happens.

Your lawyer will do it. Call the counseling company and see if they can forward you the email supposedly sent to your attorney. Maybe he did get it and you can get him to pay the fees and do the leg work if the forward shows it was sent to him correctly.

He should have at least informed you it wasn't there in your case file, I think anyway.

[justbroke]

If your lawyer made this administrative error, make sure the lawyer pays any re-opening fees. The Court is never lenient as to paying the re-opening fee... even for administrative errors.

Even if it does read closed, you need to look at the Date on the Order. You have 10 days from that date to vacate the Order.

Further read of your post indicates that it was dismissed (and closed) on 2/20/2009. That means, you can't get it vacated. Looks like a motion to re-open and payment of the fee is required. (Along with a copy of the certificate attached to the motion.)