My case was dismissed unjustly

[Letrice]

Hi, I filed Chapt 7 back in August and was approved for a payment plan. I filed pro se. About a month later, I received a motion to dismiss for not showing up 2 the 341; I objected because I never received a notice in the mail or phone call from the trustee. I got this letter a few days before my last payment was due so I withheld it until a decision was made. A few days later I got a letter in the mail about the last payment (motion to dismiss). I went to court and the judge agreed that I didnt get adequate notice and ordered the trustee to set up another 341 and for me to pay my last payment no later than 11/9. I mailed my payment on 11/2 from the post office and got a letter w/ a receipt dated 11/10 a few days ago. Yesterday, I received a letter stating the case was dismissed for failure to pay on time stating that the automatic stay was lifted. What can I do? Can I file a motion to reinstate? If I have to re-file can I do it immediately?

[MSbklawyer]

Why did you have a payment plan if you filed chapter 7?

[AngelinaCat]

If you filed pro se, then it is imperative that you set up a PACER account so that you can keep track of what is going on with your case. Even though you were mailed a notice of the 341, things do happen and mail gets lost. The same notice is filed with your case on PACER, many times the same day that the paper notice is mailed out.

[HHM]

Not going to play the pity game, you filed Pro Se, didn't do your homework, and now your case is dismissed. In what you describe, I see nothing unjust. I see a person wanting to blame everyone but themselves. Fact is, you screwed this up.

Sorry to be so harsh, but until you accept that fact, you really are not going to get through this.

Go get an attorney and do it right. Now that you have a dismissed case, refiling your case is not a simple of "just refiling." There are attorney's for every budget, 90% of the time, when a person decides to file pro se, it is a choice. The person is simply not willing, or too stubborn, to figure out a way to pay for an attorney.

[Letrice]

HHM, respectfully, you are wrong. It's not a pity party, I was simply stating the facts. Thanks for your input.

[Letrice]

Why did you have a payment plan if you filed chapter 7?

I was on an "installment plan" for my filing fees....sorry

[Letrice]

[QUOTE=AngelinaCat;349187]If you filed pro se, then it is imperative that you set up a PACER account so that you can keep track of what is going on with your case. Even though you were mailed a notice of the 341, things do happen and mail gets lost. The same notice is filed with your case on PACER, many times the same day that the paper notice is mail.

The Trustee stated that they gave an "oral notice" and the Judge disagreed. Thank your for this info on PACER, I really appreciate it!!

[rjones04]

like HHM said, go hire an attorney. Look on the positive side, you have time to save up now for your retainer lawyer fees. Let the lawyer deal with it. Besides new laws are in effect, bankruptcies are SURGING crazy everyday!!! People's cases are being thrown out for stupid reasons on technicalities, fraud, etc. Find a reputable lawyer and set up various no fee consultations and your case will be fine as long as you are truthful and provide correct documentation. Good Luck.

[music12]

you should be able to ask to reinstate based on your mailing your payment on 11/2, IF you have proof that this is when you mailed it. mailing a week ahead is reasonable, but obviously it didn't get there in time. you could ask forgiveness.

ask the court's clerk what to do if you can't get a lawyer. they will tell you what the procedure is to get the dismissal reversed.

[AngelinaCat]

you should be able to ask to reinstate based on your mailing your payment on 11/2, IF you have proof that this is when you mailed it. mailing a week ahead is reasonable, but obviously it didn't get there in time. you could ask forgiveness.

ask the court's clerk what to do if you can't get a lawyer. they will tell you what the procedure is to get the dismissal reversed.

I'll add to what music12 said: If you MAIL anything in to the court, get it certified with a return receipt. Keep all of these things in your file. This is your proof that you have done your part. It costs about $5.50 or so for the certification with the return receipt. It is well worth the extra expense even if you don't think you can afford it.

Good luck!

[JimKutkowski]

you should be able to ask to reinstate based on your mailing your payment on 11/2, IF you have proof that this is when you mailed it. mailing a week ahead is reasonable, but obviously it didn't get there in time. you could ask forgiveness.

You probably won't get a reinstatement for fee application. Just save up the full fee and file next time... since you haven't managed to get past start in this process, you probably should get a lawyer.

[justbroke]

As a pro se filer myself, it's all about diligence and understanding the process. now, the Judge gave you a break on the first dismissal, in my opinion. In many Districts, the 341 Meeting date is right on the receipt for your case, and on your Notice of Bankruptcy. The Trustee is not required to phone you, as this would just mean too many calls. If the Judge states you didn't have adequate notice the first time, then this would indicate to me that there may have been some issues and the Judge gave you a pass.

However, the payment thing is just too weird. Are you too far away to go to the Courthouse to pay in person? Just wondering, because I'd never trust that type of payment unless I sent it USPS Express Mail (not Priority Mail) or FedEx or some trustworthy company with 2nd day service. I usually use 2nd Day FedEx or UPS when I need something at the courthouse (or to the Trustee) on time.

I got this letter a few days before my last payment was due so I withheld it until a decision was made.

probably where you went wrong. In any event, you should have sent the payment with a 2nd Day trusted service.

Yesterday, I received a letter stating the case was dismissed for failure to pay on time stating that the automatic stay was lifted. What can I do? Can I file a motion to reinstate? If I have to re-file can I do it immediately?

You can file a motion to reconsider, but you were already given one extension to pay. The fact that you have a tracking which indicates it was delivered a day late, is indicative that it was in fact... received late.

You will need to read your Order Dismissing Case to see if it was with prejudice. You could save $260 or $299 by asking to re-open the case and vacating the motion, or you, if the case wasn't dismissed with prejudice, just re-file.

The reason HHM and now I'm going to push you towards getting an attorney, is because I'm now unsure if you haven't made other errors, such as on your exemptions. A couple of questions... who prepared your forms? how much real and person property do you have (including money in banks, 401(k)s, stocks, bonds, deferrments, etc)?

[klandsb]

As I stated on my own thread I sent in a pmt 10 days ago and its not showing up..
Everyone keeps mentioning Pacer but the site I was informed of was BSS for case information... Would it be on both those sites then...Also this is on the BSS site ???

Payments may not be sent by any express delivery service requiring a signature by the recipient, or which cannot be delivered to a post office box. Any payments sent by such method which cannot be accepted will be returned to sender at the sender's expense, and will not be credited to the debtor's account.site along with the address to send in your pmts:

[justbroke]

Payments may not be sent by any express delivery service requiring a signature by the recipient, or which cannot be delivered to a post office box. Any payments sent by such method which cannot be accepted will be returned to sender at the sender's expense, and will not be credited to the debtor's account.site along with the address to send in your pmts:

Yours was a Trustee payment in a Chapter 13. We are talking about a Bankruptcy Court payment for the actual filing cost in a Chapter 7. The Courthouse, as a matter of practice, has a physical street address for correspondence and filing papers with the Court.

[klandsb]

Thanks for correcting me.... I misunderstood what they were talking about...
MY BAD