Case dismissed

[dmeyer07]

Had 341 today, went good, trustee said case will be closed/discharged after he gets my tax refund.

Go on pacer today, 12-28-12 case DISMISSED for failure to pay filling fee installment.
Court mailed out fee payment plan on 12-21 (friday) i didn't get it until monday (12-24) the 1st payment due 12-26 i mailed out the money order on 12-25 (xmas)
Due to Usps closed for holidays,etc court shows money order was recieved on 12-28.
Pacer shows:
Filed & Entered: 12/28/2012
Docket Text Close Bankruptcy Case

Filed & Entered: 12/28/2012
Docket Text Receipt Number and Filing Fee <<<that is the money order
17
Filed & Entered: 12/28/2012
Docket Text Order Dismissing Case

What do i do?? I've come so far how can this happen? Do i have any hope of saving this still? This was not my fault, how can they give you a 2 day notice and make it over XMAS?! There letter says "The Court will not reconsider or vacate this order of dismissal unless, along with the debtor's request to
reconsider or vacate, the debtor pays the balance of the filing fee, which the Court's records show is $306, and
the debtor's request states legally sufficient reasons under Bankruptcy Rule 9024."

I'm so depressed right now i can not handle this. I can't take it anymore. i'm about to give up on everything honestly you have no idea

[despritfreya]

First of all, stop worrying. This is not a big deal - and certainly not something to be depressed over.

On Monday call the Clerk of the Court to see if he/she will withdraw the dismissal as “entered in error”. If not, you (or your attny if you have one) need to file a simple Motion to Reinstate which explains the “crossing in the mail” of the payment and the dismissal. Case will be reinstated.

Make sure the next installment is paid early so this does not happen again.

Des.

[dmeyer07]

It is not only this that has me down, but i also found out some bad news about my health, all this in one day really had me upset.

Thank you for your response though, it has really helped me. I have typed up a motion to reinstate and will mail it out first thing monday morning after i talk to the clerk. My questions are does this require a hearing? Will the dates change on my BK case? Do i need to reattend my 341 meeting?

The letter from the judge on pacer says:
ORDER DISMISSING CASE
FOR FAILURE TO PAY THE FILING FEE
The debtor has not paid one or more installments of the filing fee by the deadlines ordered by the Court.
Accordingly, the Court orders as follows:
1. This case is dismissed, effective immediately.
2. The Court will not reconsider or vacate this order of dismissal unless, along with the debtor's request to
reconsider or vacate, the debtor pays the balance of the filing fee, which the Court's records show is $306, and
the debtor's request states legally sufficient reasons under Bankruptcy Rule 9024.
3. The Court will not grant a fee waiver or installment fee application in any future case the debtor may file. Filing
fees for any future cases will be due, in full, within 14 days of the day the petition in that case is filed.
####

[justbroke]

Are you a pro-se filer? If so, the motion is pretty simple.

Here is an example. Some Districts require you to have a reason. You can just enter that the payment crossed in the mail. You DO NOT NEED to file a Motion to Re-Open. Your case is dismissed, not closed. You are actually motioning for Reconsideration of the Order to Dismiss. While the example below is from Hawaii, it's basically how you would format the motion to reconsider.

You should also show that you in fact paid the entire $306. You can reference the docket entry number showing the payment, but you should PRINT that docket entry and attach it to the Motion as an exhibit. Depending on your District, you may also be required to attach a "Proposed Order" with the Motion to Reconsider.

You would not need a new 341 Meeting.

The motion shown in this example has three checkboxes. You only need the second paragraph stating that you missed an installment. I would not print this form. I'd use it for "formatting" purposes only with the correct captioning on top for your District. You must also sign this with "wet ink" if you are pro se.

http://www.hib.uscourts.gov/forms/local/hib_9024_MReconsiderDismissal.pdf

[despritfreya]

Sorry to read about your health issues. All will work out. I am sure JB's link gives you the info you need but here it goes anyway.

Start out with your normal "caption" which includes you name and address at the top left, below that and in the center the phrase "United States Bankruptcy Court, District of _______". Below that your case information including full name, chapter filed, case number and title of pleading which is "Motion to Reinstate". Below that is the body of the Motion similar to the below wording

NOW COME Debtor and states for her Motion as follows:

1.On or about December ____, 2012 the Court signed an Order dismissing this Case as the Debtor had failed to pay the first installment for the filing fee.

2. The debtor did pay said installment on _______, 2012 with said payment being delayed in the US Mail system due to the Holidays.

3. Debtor wishes to proceed with this Chapter 7.

WHEREFORE, Debtor requests that this Honorable Court grant the Motion and reinstate this bankruptcy proceeding under Chapter Seven of the Bankruptcy Code.

RESPECTFULLY SUBMITTED this _____ day of December, 2012.


________________
Your signature


You case will be reinstated within days. Not a problem.

Des

[justbroke]

Des went above and beyond. Thank you, as always, Des.

[dmeyer07]

Thank you both so much for these! I will use them to write up a new motion. I just wish i lived closer than 2 hours from the court i'd hand deliver it and be done with all this mailing.
So no new 341, dates stay the same that is good news.
I guess why i thought it was closed was because i read "Case Closed 12/28/2012 1 days Close Bankruptcy Case" in pacer, and " Debtor disposition: Dismissed for failure to pay filing fee

Nature of debt: consumer
Pending status: 341 Meeting Scheduled ,Case Closed ,
Flags: INSTALL, MEANSNO, DebtEd, DISMISSED, TERMINATED"

But then in another area it says "Awaiting Closing 12/28/2012 12/28/2012 17 Order Dismissing Case "

Any insight as to what all that conflicting information means?

[justbroke]

Usually, an order dismissing the case sets a tickle date to actually administratively close the case. I believe that you have 14 days from the entry of an order of the court to vacate that order. That's why the case is not "technically" closed yet, so that you can seek to vacate the order dismissing (and closing) the case.

Just follow the directions provided in this thread. Personally, I'd send the Motion to Reconsider/Vacate via overnight mail with delivery confirmation (or other tracking). You should also try Des' other suggestion which is to call the Clerk of the Court, and ask to speak with your Case Manager. Ask your case manager why the case was dismissed when, on the same day, the payment was entered on the docket. They may or may not reinstate you right there on the phone. Otherwise, be prepared to send that Motion out on Monday so that it's there on Wednesday (1/2/2013).

[despritfreya]

JB,

Just took a look at your link. Kind of cool that some Districts have local forms for standard motions. As far as I know, mine doesn't so when drafting one, best course of action is to just tell it like it is.

Des.

[AngelinaCatHub]

Des my friend: I have to Double Ditto the thanks and always extra efforts you do here out of the charity of your heart. Same with JB. You guys and many more make this place what it is. I am safe to say that I and Mrs. Cat feel the same. 'Hub and AC.

[pamkev]

Ditto to what Cat said above

[justbroke]

Just took a look at your link. Kind of cool that some Districts have local forms for standard motions. As far as I know, mine doesn't so when drafting one, best course of action is to just tell it like it is.

We here in Florida are starting to get a bunch of standard motion templates. In fact, most of our Judges publish a "practice guide" of sorts which details how they like things and they typically include sample motions and orders. The Districts themselves, North, Middle and South, have some smattering of standard motions/orders as well.

Yes, it is nice to have some local "form" based motions. I like this after I saw a hand written motion from an attorney in an Illinois court. I could barely read it!

Actually, Hawaii has a BUNCH of forms and template-based motions/orders, etc.

http://www.hib.uscourts.gov/forms/index_forms_menu.htm (Scroll down to "Local" forms)

[dmeyer07]

Well i typed up a letter following the information and guidelines above (thanks again) and bought a money order for the remaining amount due on the filling fee. I'm going to put both in the same envelope and mail it out tomorrow (usps closed sunday but this should mean they get it first thing monday morning and mail it out right away). Court will get it wednesday most likely, thursday at the very latest.

I wish i wouldn't do so much reading online because what i've read isn't very positive about a case being dismissed for non payment.. this forum is the only positive feedback im getting. I really hope the judge agrees to reinstate the case, i mean i did pay, it was just late becasue of the holidays and i enclosed the remainder of the fee. Really wish this wasn't all during the holidays all these stupid closed days are screwing things up

Edit: Should i address this envelope to the court in general, or specifically the judge for my case?

[AngelinaCat]

To be on the safe side, address it to the Court, but CC to the judge AND your trustee. If you have receipts, copy and enclose them as well.

[despritfreya]

I wish I wouldn't do so much reading online because what I’ve read isn't very positive about a case being dismissed for non payment..

I need to comment on this. Many times cases get dismissed due to some failure to do something such as pay a filing fee, file a required document, submit a Social Security statement, etc. Dismissal is “without prejudice” unless there is something very unusual going on. This means that once the reason for the dismissal is corrected there should be no problem with seeking to reinstate the case. The Court wants your case to be successful and will give you every opportunity to allow you to accomplish your goal.

As to reading “on line”. . . of course you must be wary of anything you read (including what is on bkforum). You simply have to try, to the best of your ability, to weed through the garbage and get to the good stuff.

Des.