Huge Problem Any advice....

[blankslate]

It's odd that they closed it and didn't just do a dismissal before closing that would've allowed you two weeks to file your cert and motion to vacate the dismissal.

Yes, it will cost you $260 to reopen and your attorney should file an emergency ex parte motion to reopen the case and file. You do have that cert now right?

I had my case dismissed and closed and got it reopened and finished myself. I was pro se. The court actually refunded my reopening fee since it was clerical error that closed it. I read through a couple of cases on PACER where the attorney actually paid the fees for the client and apologized to the court for their own errors. I hope your attorney will do the same.

[mindy0795]

Yes the attorney filed a motion to reopen and sent in the cert. I won't have to have another 341 meeting again will I?

[music12]

no, it's just a technicality with the cert, not a new case.

[justbroke]

If the case was closed for failure to file, the Attorney could submit a Motion to Vacate Order, rather than a Motion to Re-Open. however, the Motion to Vacate would need to happen within 10 days of the original order closing the case (I believe). This saves you the $260.00 fee to re-open. Unless, you hadn't actually taken the course and just took it after the Order closing the case.

[banca rotta]

mindy, this happens. the solution is to file a motion to reopen the case to get permission to have the late filing approved. you would then have to explain what happened - the issue with your internet, and i guess you would have to blame the lawyer too.

it really is the lawyer's fault; not only did they give you the impression that it's not time-sensitive, but when the lawyer actually filed the certificate late, the lawyer should have appended a request for permission from the court to be late, and should have taken the blame.

i think these kinds of motions are routinely allowed. get on your lawyer's case!

Blame the lawyer or not (which in this case probably was the lawyers fault) it's the filer who always gets screwed.

The point being a lawyer should just be there to represent a debtor in court. The debtor should always be on top of these things. Only the debtor loses, not the lawyer.

[music12]

sometimes courts do notice that lawyers fail in their responsibilities and then don't screw the client.

[mindy0795]

I already paid the fee to reopen, the cert was already filed but was filed late as stated. The attorney advised that they would have to resend the cert after the case is reopened. Please say a prayer! Hopefully this doesn't take to long after it is opened to get my discharge. The paralegal said it shouldn't but they also have told me other things that were not correct. Has anyone else out there had to reopen and if so how long before to get the discharge?

[mindy0795]

Just to verify I did the financial management 2 days late of when it should have been completed. My attorney filed it immediately

[music12]

but your lawyer basically told you that you could wait for the last moment. had they told you to do it right away and not wait for them to call you, you would have had it done in time.