Filing Motion for Reconsideration of Dismissal Questions

[wirelessdog]

Motion to reconsider dismissal

I failed to file the verification of SSN and my case was subsequently dismissed. I have prepared the form and plan to file it along with a motion to reconsider the dismissal. I have the following questions:

1. Since I didn't file the B21 form to begin with do I need to put Amended at the top?

2. Do I need to re-send all forms as amended or can I just send in the B21?

3. On the Motion for Reconsideration do I need to provide service to anyone? i.e. the Trustee or any creditors?

4. Is there any fee associated with filing the B21 after the fact or the Motion?

Thanks in advance all, this site is a lifesaver.

[justbroke]

First, you don't need reconsideration, you just need a motion to vacate dismissal and ask for leave to file the required form(s). You could contemporaneously file the "missing" form with the motion to vacate dismissal. Make sure you serve that motion within the allowed period (I think it's 14 days now), and serve a copy on the Trustee.

1. Since I didn't file the B21 form to begin with do I need to put Amended at the top?

No, you don't, since it's not an amended form.

2. Do I need to re-send all forms as amended or can I just send in the B21?

You only need to send the required form that caused your case to be dismissed. You would do this "contemporaneously" with the Motion to Vacate Dismissal.

[QUOTE=wirelessdog;512934]3. On the Motion for Reconsideration do I need to provide service to anyone? i.e. the Trustee or any creditors?

4. Is there any fee associated with filing the B21 after the fact or the Motion?

The fees are "well known" fees. Whenever you make an amendment on the "schedules" you need to provide the $26 amendment fee. Since this isn't an amendment, no fee is required.

If you ever have "procedural" questions, always call your case manager and ask if you need to pay the $26 amendment fee to file a "first time" Form B21.

I'm actually shocked that you didn't get a "deficiency" notice or a 11 USC 521 notice.