Automatic Dismissal

[ebr]

I'm feeling like i need a bk lawyer, does anyone know where i can find one if i already filed Pro Se, i think i might be in over my head and i really need somebody to assist me.

[Tbornetun]

What makes you feel as if you are over your head? Is there something we can help you with?

[justbroke]

Why did you get an automatic dismissal? Forgot to file a particular form?

[ebr]

I haven't actually gotten one yet but i believe i will because i jumped the gun and sent a check in before I got my packet from the trustees which stated that you could only pay with a money order or a cashier's check and failing to pay the installements as ordered would result in my case being automatically dismissed. If so, should i file a motion to vacate dismissal order and reinstate? i made couple of calls today and no one is willing to work with because i filed Pro Se.

[MrSmithster]

maybe try calling your tt? my tt's assistant was very cool and understanding, offered some good advise. worth a try.

[justbroke]

I haven't actually gotten one yet but i believe i will because i jumped the gun and sent a check in before I got my packet from the trustees which stated that you could only pay with a money order or a cashier's check and failing to pay the installements as ordered would result in my case being automatically dismissed. If so, should i file a motion to vacate dismissal order and reinstate? i made couple of calls today and no one is willing to work with because i filed Pro Se.

The Trustee is NOT going to dismiss your case that quickly! The will FIRST send a letter telling you to cure the payment. Then they will file a Motion to Dismiss. The Motion to Dismiss For Failure to Maintain Plan Payments would have a hearing date and is usually at least 15 days from the date is it served (mailed).

Even so, they usually don't do this until you are many days late, and from what I've seen in the Florida Districts, after missing about two months of payments... unless you're a habitual late payer.

In any "Motion to Dismiss" there is always a hearing. You would need to cure the amount plus be "current" to that date of the hearing (which usually means you have to pay the current month as well).

I don't see any issue.

[ebr]

Thank you for the advice, that makes me feel better.

[blankslate]

You should talk to the bk clerk about the filing fee. A dismissal for failure to pay fees will be done by the bk clerk, not the TT. My case went into automatic dismissal by the clerk. I had motioned to vacate the dismissal but that motion was missed by them for some reason. Then I motioned to reopen the case and vacate the dismissal. Had to pay a reopen fee but the court refunded it to me. Just have a money order on hand when you speak to them so you can give them that if they didn't cash your check.

[Annie4]

When I was at my hearing for something else last week (to proceed in forma pauperis/waiving the fee) there were so many people in front of me who were there for this very reason and it was all worked out fine.

Several attorney's said that the computers were down in the whole building for a few hours and tons of things did not get sent. I was shocked to hear that attorney's were really HUMANS too, lol! I also thought your email would show what didn't really send, or the balance in their account would be different because it wouldn't be out of their account or something? IDK

Don't worry, just do what the letters say, as the others have pointed out, it looks like they always send a letter before they do anything, and give you time to fix it, gotta love that!

I had to fix 2 things on mine so far. 1. The notarized affidavit that I was a housewife and my income was $0. (no where anywhere else did I read that I would need to do that one, verify my $0. income, lol, but I did)....and....2. I dated everything when I first started filling out forms, so I had to go back and redo my whole petition and schedules with the correct date (has to be dated that day you file or within a day, not a whole month like mine was), LOL...silly mistake but I did it.

The clerk didn't make me pay to redo mine because my hearing to waive the fee hadn't happened yet.

I hope the best for you, keep us informed!

[bdruff]

My experience. ..I talked to several of attorneys over a 3 month period of time. I read 2 books on bankruptcy, NOLO was one of them. I talked to 2 paralegals, and looked at a few doc preparation companies online.

I talked to one online company 3 or 4 times and they made me feel good about using them. The fee was $125. I filed the docs and then found this website. I had some concerns and decided I needed to talk to a lawyer. There is just so much information you need to know and mistakes can be costly.

The lawyer said I got ripped off and made some suggestions. He was very helpful and charged me $100 for the hour or so we were in his office. He looked over every page of my petition on pacer, asked us some questions, and then said we would be ok after we made the amendments. I don't think lawyers have a high regard for these doc preparation companies in general although, in the end he did say a lawyer would be a waste of our money.

If all goes well We paid $524 for everything. $125 for the doc preparation, $299 to file, and $100 to have a lawyer make sure everything was in order and we weren't missing anything.

upside: I think we are pretty set for whats to come and it didn't cost us much
Downside: Ive spent hours researching and will spend more time ammending my own forms and taking them down to the courthouse.