Got my paperwork for the dismissal....

[TeacherMomma]

So I got my paperwork for the order of dismissal (which is not on PACER), and it says on the order "no bar for re filing". Normally do people have to wait 6 months, and is this meaning I don't? (if lets say I were to re file).

Also, let's say I did re - file, they ALWAYS look back 6 months on income, or if for example I lost my job today, can I file tomorrow with this no bar situation?

[justbroke]

So I got my paperwork for the order of dismissal (which is not on PACER), and it says on the order "no bar for re filing". Normally do people have to wait 6 months, and is this meaning I don't? (if lets say I were to re file).

yes, normally if a case is dismissed 'with prejudice" the debtor can't refile under ANY chapter of Title 11 for 180 days (6 months). Usually, if the Trustee is dismissing a case, it's almost always without prejudice unless it was a bad faith dismissal.

Also, let's say I did re - file, they ALWAYS look back 6 months on income, or if for example I lost my job today, can I file tomorrow with this no bar situation?

Yes, the lookback would be six months from the day you file. However, if you lost your job today, you may want to wait several months for the income to roll off.

[Kingxray]

So I got my paperwork for the order of dismissal (which is not on PACER), and it says on the order "no bar for re filing". Normally do people have to wait 6 months, and is this meaning I don't? (if lets say I were to re file).

Also, let's say I did re - file, they ALWAYS look back 6 months on income, or if for example I lost my job today, can I file tomorrow with this no bar situation?

We dismissed our case and we refiled right away. We did not wait six months. It did not seem to be an issue. At our 341 when they asked if you ever filed BK we said yes and lawyer explained why.

[TeacherMomma]

I was thinking more of the income issue.....but it probably doesn't matter.

Also, my PACER still says awaiting discharge, and this dismissal is not there yet. But the papers I was served was a printout from the lodged order part of the website, so I don't know what is taking so long.

[Kingxray]

I was thinking more of the income issue.....but it probably doesn't matter.

Also, my PACER still says awaiting discharge, and this dismissal is not there yet. But the papers I was served was a printout from the lodged order part of the website, so I don't know what is taking so long.

When we dismissed and refiled they looked back at the prior 6 months from filing date and my husband had gotten several bonuses and that didn't seem to be a factor. Our latest motion to dismiss from the UST did not include this income, so who knows?

From what I've heard the PACER flags are slow to update. Look at the docket report instead. Our dismissal papers were only this one page (more like one paragraph) and signed by the judge. That's it, nothing fancy.

Maybe when you refile you should get an attorney. Just start from scratch like it is the first time you filed. Maybe he can find a way for the numbers to work for you. Good luck and keep us posted.

[TeacherMomma]

Yeah I looked at the docket report just now - still nothing.....weird. I wonder what would happen if the UST didn't actually file the dismissal papers? I mean their motion for dismissal got granted, and that is in there, it just says "UST will lodge order of dismissal no less than 10 days from the date of this hearing to give debtors time to convert to a Chapter 11 if they desire".

What happens if that order never gets filed? In the imaginary world that I live in, that is.

[2manybills]

I was thinking more of the income issue.....but it probably doesn't matter.

Also, my PACER still says awaiting discharge, and this dismissal is not there yet. But the papers I was served was a printout from the lodged order part of the website, so I don't know what is taking so long.

"Lodged" means that the clerk has received the order and it is with the Judge for signing and then it will be filed.

[justbroke]

I don't think lodged means that they received the actual order. When a motion is ruled upon, the Judge (usually) assigns the creation of the "proposed" Order either granting or denying the Order to the "moving" party. (The moving party is the one who brought forth the motion.)

This saves the Judge time as the Judge doesn't need to write these Orders. (In some Districts, some standard Orders have 'templates" which are easily filled in.)

So, back to your case Momma... even though Motion was granted, it's not official until the Judge receives the "proposed" Order and signs it. The proposed Order then becomes the actual Order, and that Order is filed and entered by the Clerk's office into the Docket.

(Note: some Districts require the "moving" party to submit a proposed Order (granting the Motion) contemporaneously with the Motion itself. This also saves "procedural" time.)

[2manybills]

[QUOTE=justbroke;340405]I don't think lodged means that they received the actual order. When a motion is ruled upon, the Judge (usually) assigns the creation of the "proposed" Order either granting or denying the Order to the "moving" party. (The moving party is the one who brought forth the motion.)

I respectfully disagree JB. When we submit a "proposed" order with the Federal District or for that matter State Court in CA, until the Judge signs the order it is considered "lodged". Once the Judge signs it, then the Clerk officiall files it with the court.

But you are correct, that many times a moving party will submit a proposed order at the time they file their motion.

[justbroke]

I respectfully disagree JB. When we submit a "proposed" order with the Federal District or for that matter State Court in CA, until the Judge signs the order it is considered "lodged". Once the Judge signs it, then the Clerk officiall files it with the court.

It's okay. It was the way Momma wrote her 3rd post that lead me to believe the order wasn't "filed" with the Clerk. Momma wrote "it just says UST will lodge order of dismissal no less than 10 day". That didn't read as if the order was filed (or lodged) yet.

I should have written my sentence differently. Should have started with "I don't think it was lodged yet", instead of "I don't think lodged means...".

[2manybills]

It's okay. It was the way Momma wrote her 3rd post that lead me to believe the order wasn't "filed" with the Clerk. Momma wrote "it just says UST will lodge order of dismissal no less than 10 day". That didn't read as if the order was filed (or lodged) yet.

I should have written my sentence differently. Should have started with "I don't think it was lodged yet", instead of "I don't think lodged means...".

I have a feeling the UST didn't submit the proposed order at the time he filed his motion because didn't know if they were going to agree to a Chapter 11 or if the order would be for dismissal.

[TeacherMomma]

It still has not been filed....so it must be sitting on a desk somewhere waiting to be signed. Can I just hope they forget about me ? LOL

[justbroke]

It still has not been filed....so it must be sitting on a desk somewhere waiting to be signed. Can I just hope they forget about me ? LOL

One could only hope.

[TeacherMomma]

Isn't there some sort of timeframe it has to be in by?

[justbroke]

Isn't there some sort of timeframe it has to be in by?

I believe you stated that the Judge wanted the UST to give you 10 days to convert your case. Your case is probably still open, but I don't know where you go from here. I assume you're not converting?

If it never gets filed, your case stays open!