HELP! Dismissed but didn't know...

[caj0524]

So, a week after my case was confirmed, with props from the judge for being one of the few pro-se chapter 13's confirmed, a motion was filed dismissing the case for failure to pay the filing fee. I was not aware this was filed.

2 days ago I got a call from a creditor stating that since the case was dismissed they are going to start collection efforts over again.

HUH?

I went through Pacer and it turns out that $52 of my installment payments were allocated to Schedule amendment fees instead to the filing fees, and I was short that amount.

I admit... this was my error. But now what???

Can I file to vacate the dismissal? if I pay the $52? Is that legal procedure?

Please help!

Thanks!!!

[AngelinaCatHub]

That is what I would do. Seems like you were improperly informed and possibly could use that as a defense. I think the Judge who complimented you, would also see this as a possible clerical error, or oversite. 'Hub

[justbroke]

Hopefully, this was less than 10 days ago! You only have 10 days to vacate an order of the Court. With that Motion to Vacate, you must contemporaneously pay the missing part of the fee. If it has been more than 10 days, you could file a Motion to ReOpen, pay $260, and plead your case.

[caj0524]

It was dismissed on 2/1 (15 days ago). Sh*t.

You'd think I'd have gotten some type of service stating there was to be a dismissal hearing, and/or that the case was dismissed!

So, at this point, I wonder if I should pay the $260 and try to reopen, or, since I'm in a different BK district now, if I should try to change some things in my plan and start over...

Cases that are dismissed due to failure to pay fees... do I have to wait the 180 days to refile?

[tigergem]

Wow caj, I'm sorry this happened to you. I have made a point of calling the bk clerk every single time I filed something and made sure if I needed to, I included a m.o. for any fee. Thanks for the heads up, though. I will double check that I don't owe any fees before 4/4. That is the date the judge provided me to have my filing fee paid in full. A full month more than I asked for!

I would think that if you didn't receive service of the notice you could include that information in your motion to vacate, but that is a road I hope to not have to travel.

[justbroke]

You'd think I'd have gotten some type of service stating there was to be a dismissal hearing, and/or that the case was dismissed!

This is a procedure error and there is no hearing. You should have received a Notice of Dismissal or something similar.

So, at this point, I wonder if I should pay the $260 and try to reopen, or, since I'm in a different BK district now, if I should try to change some things in my plan and start over...

That would be up to you. Please note, that if you start a new case, you'll need to do first day motions.

Cases that are dismissed due to failure to pay fees... do I have to wait the 180 days to refile?

Dismissed due to a filing fee issue, usually doesn't result in case being dismissed with prejudice.