Deficiency Notice

[wirelessdog]

I was out of town and didn't receive the deficiency notices until after the due date passed. My case has subsequently be dismissed. The issues were minor - missing a check box on one page, nature of my business on another.

So, where do I go from here? Can I file a motion for reconsideration? If so, will it likely be granted if I cure the deficiencies?

Can I refile or do I have to wait the six months? I wasn't sure as to what scenarios the 6 month waiting rule applies.

[justbroke]

If you do this within 14 days of the case being dismissed, you can file a Motion to Vacate Order Dismissing Case. You MUST also, contemporaneously, file ALL missing paperwork and indicate such in the Motion to Vacate. Never seek the motion to vacate while "waiting" to send in the missing paperwork. File the missing paperwork at the same time. If all the paperwork is filed at the same time as the Motion and it's before the 14 day deadline, then it is 99% likely that your case will be re-opened without charge.

Also, you need to be a subscriber to PACER. You need to be logging into PACER a minimum of once a DAY to check on things. You are the attorney or record so you need to stay on top of things. I would also suggest subscribing to the Electronic Bankruptcy Noticing center (EBN) for electronic notices of papers files in your case.

[wirelessdog]

Motion Denied.

Ok whatever.

Can I refile without waiting 6 months?

[justbroke]

Motion denied on what grounds? That you failed to do so within the time allowed? That's the only reason I can see a judge not allowing the dismissal to be vacated. Do you want to try to re-open it instead? (There's a $260 fee for that.) You'd still need to send a Motion for Reconsideration or a Motion to Re-Open.

It really sounds like the paperwork is really messed up anyhow, so it may be better to re-file. You will probably need to do the so-called "first-day motions" as well. If it was dismissed without prejudice, then you don't have to wait, unless the order dismissing actually stated that you had to wait.