I found this update on PACER. One of my creditors, plaintiff in an auto accident case, has filed a Motion for Relief from Stay in order to collect from my insurance carrier, but the motion has been denied.
"The court, on its own motion, directs that the Motion for Relief From Automatic Stay filed by [auto accident plaintiff] on June 1, 2012, is DENIED, without prejudice, because the Motion was not accompanied by the $176.00 fee required upon the filing of an automatic stay motion nor was it filed in compliance with [my area] Local Bankruptcy Rule 9013-1. Additionally, the Motion was improperly filed in paper form contrary to General Order number 05-04 entered on September 27, 2005, which has required, since January 2, 2006, that all attorneys practicing in the United States Bankruptcy Court for [my area] must become registered users of the court’s Electronic Case Filing System and file all documents electronically.
The court further directs that the Movant’s attorney become a registered user of the court’s Electronic Case Filing System before filing additional documents in this or any future bankruptcy cases."
So, why was the motion denied? Something about not paying the fee, not using proper paper, and the attorney isn't a member of the Electronic Case Filing System?
What does "denied without prejudice" mean?
Being now twenty days away from the deadline to object (sixty days past 341 meeting) what does this mean for my case, and the creditor?
"The court, on its own motion, directs that the Motion for Relief From Automatic Stay filed by [auto accident plaintiff] on June 1, 2012, is DENIED, without prejudice, because the Motion was not accompanied by the $176.00 fee required upon the filing of an automatic stay motion nor was it filed in compliance with [my area] Local Bankruptcy Rule 9013-1. Additionally, the Motion was improperly filed in paper form contrary to General Order number 05-04 entered on September 27, 2005, which has required, since January 2, 2006, that all attorneys practicing in the United States Bankruptcy Court for [my area] must become registered users of the court’s Electronic Case Filing System and file all documents electronically.
The court further directs that the Movant’s attorney become a registered user of the court’s Electronic Case Filing System before filing additional documents in this or any future bankruptcy cases."
So, why was the motion denied? Something about not paying the fee, not using proper paper, and the attorney isn't a member of the Electronic Case Filing System?
What does "denied without prejudice" mean?
Being now twenty days away from the deadline to object (sixty days past 341 meeting) what does this mean for my case, and the creditor?
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