Pro Se Chapter 7 Dismissed wtith prejudice due to missing payment plan hearing

[MasterK]

Hello all, I'm pretty distraught. In our chapter 7 petition in the Texas Southern Bankruptcy court, we requested to pay the court fees over 2 months. We did not know a hearing would be required to discuss this, nor did we ever receive the notice the courts claims was sent. I contacted the trustee who was nice enough to inform me that I could file a motion to reconsider with my explanation. I have to do this by 5/27/14. Is this something I can do, or should it be done by an attorney? I filed pro se to avoid having to use an attorney, if I can't get this done I will lose the automatic stay and the ability to file again for 180 days.

I've filed answers to previous debt collection suites, but I was able to find the proper format. I have the NOLO Bankruptcy book, but doesn't cover this issue.

[justbroke]

You can file a motion to reconsider (or Motion to Vacate Order), but you may also need to contemporaneously pay more of the filing fee. I did not know that TXSB or any other District required a hearing for an installment. In every case that I know, you would file an Application to Pay Filing Fee in Installments and a "proposed" order granting the installment request should be also attached with the Petition and Application to Pay. I have never read that an installment agreement required a hearing. It could just be local procedure but that would just muck up the system (requiring hearing on an installment agreement.) It reads more as though you did something procedurally incorrect which caused a deficiency.

First let me back and and say that as a Pro Se debtor, you absolutely MUST have a PACER account and you should have had it before you filed. You either must check PACER a few times a week, at the beginning of your case when things are "busy", or subscribe, at minimum, to electronic notices through the Electronic Bankruptcy Noticing Center (BNC). In that way, any deficiency would have been noted.

Its sounding more like you filed an Application to Waive the filing fee rather than one to pay in installments. Additionally, some courts require a "minimum" amount to be paid at the time of filing and the rest paid in installments. This does vary by court.

Since I don't know the content of your deficiency notice or Order Dismissing the case, I can't speculate anymore as to what the procedural error could have been.

You can fix this.

An order to Vacate is rather simple and you can just search them on the web. A Motion to Vacate is simply a pleading with the court to void a previous order because of excusable neglect or court error.

[MasterK]

You can file a motion to reconsider (or Motion to Vacate Order), but you may also need to contemporaneously pay more of the filing fee. I did not know that TXSB or any other District required a hearing for an installment. In every case that I know, you would file an Application to Pay Filing Fee in Installments and a "proposed" order granting the installment request should be also attached with the Petition and Application to Pay. I have never read that an installment agreement required a hearing. It could just be local procedure but that would just muck up the system (requiring hearing on an installment agreement.) It reads more as though you did something procedurally incorrect which caused a deficiency.

First let me back and and say that as a Pro Se debtor, you absolutely MUST have a PACER account and you should have had it before you filed. You either must check PACER a few times a week, at the beginning of your case when things are "busy", or subscribe, at minimum, to electronic notices through the Electronic Bankruptcy Noticing Center (BNC). In that way, any deficiency would have been noted.

Its sounding more like you filed an Application to Waive the filing fee rather than one to pay in installments. Additionally, some courts require a "minimum" amount to be paid at the time of filing and the rest paid in installments. This does vary by court.

Since I don't know the content of your deficiency notice or Order Dismissing the case, I can't speculate anymore as to what the procedural error could have been.

You can fix this.

An order to Vacate is rather simple and you can just search them on the web. A Motion to Vacate is simply a pleading with the court to void a previous order because of excusable neglect or court error.

I have the ability to pay the entire balance of the fees now. I think I may have missed the "proposed" order. It was an application for installments and not a waiver. The order states:

"The Debtor filed an application seeking to pay filing fees in installments. The court scheduled a hearing on the application to be held on this date (5/13). The Debtor failed to appear at the hearing.
Accordingly, the application to pay filing fees in installments is denied based on the Debtor's failure to appear at the hearing.

Section 109(g) provides that a case should be dismissed, with prejudice for a period of 180 days, if the Debtor has failed to appear before the court in proper proesecution of the case.
The debtor failed to appear at the hearing. Accordingly, the Court orders that:

1. This case is dismissed; and

2. The Debtor is prohibited from filing another bankruptcy case for a period of 180 days from entry of this Order. Violations of this provision may be punishable by contempt of Court"

I'll research the motion to vacate.

[justbroke]

You should be fine but you need to get that Motion to Vacate along with the filing fee pronto.

[MasterK]

You should be fine but you need to get that Motion to Vacate along with the filing fee pronto.

Yes, I have through the 27th to complete. But I have to send noticed to all 40+ creditors CMRRR. Ugh...
Is there a template I can use to file this motion?

[justbroke]

I would double check the need for service with CMRR as service is typically okay by "first class mail" only. Just double check with your case manager. You can also ask your case manager if you can have it served via the BNC (your case manager can do this!).

You should just search for "Motion to Vacate Dismissal". I don't know if Texas Southern has a "template", but you can look at others for formatting. You typically need to have some "cause" or reason why the order should be vacated, and what you have done to "fix" or what you will do to "fix' the underlying issue. For example, writing that you contemporaneously paid the entire filing fee at the time that you filed the Motion to Vacate, would be a reason to re-instate the case.

Double check your District, it may be called a Motion to Vacate Order of Dismissal and to Re-instate Chapter 13 Case.

Here's one from Missouri. It is only an "example" and you still need to insert the cause/reason to reinstate... http://www.mow.uscourts.gov/bankrupt..._reinstate.pdf

[AngelinaCat]

JB-- it's a Chapter 7 case....

[justbroke]

JB-- it's a Chapter 7 case....

LOL, I saw "13" above and my brain was like "CHapter 13". It was the date... 5/13. Should be a similar motion whether Chapter 13 or Chapter 7.

[WTH12345]

I'm really glad I am having an attorney handle mine for me just because of what I am reading here. Sometimes peace of mind is worth the money to be paid.