One of my friends file chapter 7 bancruptcy in Maryland. He did 2nd debitor education course in time and submitted it to the lawyer. Unfortunately he filed wrong certificate. (The same certificate what he filed first time). The was closed without discharge. (about two days ago). The lawyer said he is going to reopen the case and submit the correct one. If he did this within a week, Is it possible? How long it will take to get the discharge? Or will they reject my case?
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Is it your case or your friends case? And if your/his lawyer said he is going to reopen the case and submit the correct one and feels he will be able to do so without a problem. Take your/his lawyers word for it. The lawyer should know more about the bankruptcy code then any of us here.Last edited by Calthius; 09-18-2009, 12:18 PM. -
LOL irl.Originally posted by Calthius View Post
We're all bankrupt here. No need to post about your "friend".Comment
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It is my friend's case. He is hear with me. He is not good at computer. So I helped him to post this. By mistake I typed "my case" , It is his case. Forget about small mistakes. Just help him to get an advise. Please.Comment
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it should not be a problem. a clerical error on the attorney's part can be fixed easily, especially when the certificate itself shows a date within the allowed time period. the attorney should probably pay the reopening fee as well...filed ch7 May 09
341 june 09
discharged, closed Aug 09
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Yes attorney said he will pay the filing fee. And as you said the certificate shows the correct date within the allowed time period. My friend has a copy of email he got from certifing agency and the forwerded email to the attorny. All shows the date within the allowed time period.Originally posted by music12 View Post
My friend wants to "Thank You" this hard cooling answer. Thanks again.Comment
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My friend's notice date for closed without dischaege is 9-16-2009. It looks like to us the lawyer did not reopen it again yet. According to him, the lawyer said that he already send a motion with explenation about his mistake and he is waighting for the answer, but if the judge did not accept his explenation he is going to pay the required fee and re apply for reopen the case. Is it possible to reapply? Is their any time limit to reopen the case to when he/my friend pay the required payments. How ever his case number is disapeared from the automated information system. What is next? Will he loos his opportunity to get discharge? Quick reply please?Comment
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sounds like the lawyer filed the motion without payment of the fee, asking the judge to allow such a filing. the lawyer is essentially asking the court to allow you to file the motion without paying the fee because it was his mistake and not yours. the clerk cannot file a motion to reopen without a fee unless the judge orders it, which is probably why it's not on pacer. if the judge does not allow it, the lawyer will then pay the fee and the motion to reopen will be officially filed.
he won't lose the opportunity to get a discharge as long as the lawyer actually filed the motion with the judge. the time limit for reopening is about a year, i think, so you are ok.
this is a very simple straightforward situation, so don't worry. if you want, you can call the judge's lobby, and a secretary will tell you what the status of your motion to reopen without a fee is. calling could also get things moving faster in addition to giving info.
bottom line: don't worry, it will work out.filed ch7 May 09
341 june 09
discharged, closed Aug 09Comment
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Thank you sir.Comment
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got it wrong! i'm not a "sir". huh!filed ch7 May 09
341 june 09
discharged, closed Aug 09Comment
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