Case Dismissed

[vaslimkat27]

My friend's case is in the process of being dismissed because the Trustee claims she did not receive her tax returns seven days before her 341 Meeting even though she mailed them three days before the meeting. I know Title 11 says the case will not be dismissed if the failure was out of her control and a motion is filed. Where can she get the format of a motion? The bankruptcy website for Virginia does not list one of the Eastern District.

[dingdong]

The BK sites do not typically provide forms or template for drafting motions.

Did she file pro se or with an attorney.

If she used an attorney, she should ask him/her to file the appropriate motion to vacate the dismissal. She will most likely have to do this ASAP ,I believe the time frame is 10 days, as long as her BK is still open.

Search under my name (dingdong) for a thread started around Dec 08/ Jan 09 with keywords -dismissal and motion to vacate- and you will find some info on drafting a motion to vacate order of dismissal. It will give you an idea of what she needs to do.

Also, Justbroke is very knowledgable on procedural issues in BK and hopefully he will jump in soon with some guidance.

If the case has already had a motion to dismiss docketed, she should act quickly.

She may be able to file an Emergency Ex Parte Motion to Vacate Order of Dismissal, cite the proper portion of 11USC which allows for the motion, draft an order for the judge to sign if the motion is granted and file it with the BK court and hope for the best.

[fyi2]

filed..

I have turned all pay stubs/taxforms/bank statements in to attorney
I assumed this was not only to work up my case but also to send to trustee I guess I thought that is what was "filed" the request to BK along with info

now i am thinkinking I need to gather another copy of everything for when the trustee asks me for it...

[JRScott]

fyi you should be okay, some lawyers do indeed upload it at the same time.