pro se Nebraska

[tonyjablonsk]

I've been dismissed due to lack of paperwork...my question, if it can be answered, is when one is attempting to re-open their BK case. Here it is, does my essay, the one to be sent to all creditors and turned in to federal court, qualify as the form that pertains to NE rule 4001-1 or is there another form to be filled out as well? I have searched everywhere and can't afford a lawyer. Any help on this easy yes or no question would be greatly appreciated.

[justbroke]

Why would you re-open the bankruptcy case? Why not just refile? Also, if it has been LESS than 10-14 days (I think it's 14 days now in the rule), you can file a Motion to Vacate Dismissal or a Motion to Reconsider.

When you file pro se you really need to be on top of the paperwork and have access to PACER. You need to stay on top of everything.

When was your case dismissed? Under which chapter did you file? And, what forms were missing?

[HHM]

Let's back up, why did you not get the paperwork turned in?

One, this forum has good content, but it is not a bankruptcy coaching service; also, we are not here to help you take advantage of the system; which, at least without more info, sounds like what might be going on here. The petition is not that difficult for a simple case.

Also, what "essay"?

The dismissal for a deficient petition is not an answerable event, it is a final order; you simply need to refile. But this time, you better have the petition correct; or you may get branded as a serial filer and could eventually lose the ability to get a bankruptcy discharge. (very bad outcome).

I think someone needs to do some serious homework.

[tonyjablonsk]

post

[LadyInTheRed]

You've received replies from two of the more knowlegable members of this board and have not answered their questions. Bumping your thread is not going to help you get answers when you aren't willing to provide more info.

You refer to Nebraska Rule 4001-1 which has to do with motions for relief from stay, not reopening a case. Your reference to an essay makes no sense. If you have an easy yes or no question, you aren't doing a very good job of asking it.

[despritfreya]

I am not exactly sure what OP is asking, however, if the case was dismissed due to some document, schedule, statement not being filed he can file a Motion to Reinstate AFTER all of the missing documents have been properly filed. This is done all the time and is not a big deal, although, the longer one waits the less likelihood the Motion will be granted. Filing a new case is not recommended unless OP hires an attny as the second filing will require a Motion to Extend the Automatic Stay beyond 30 days.

Since OP cannot afford an attny he should contact the bk court to see if it has a "self help" center - in addition to doing a lot more research on what is required.

http://www.neb.uscourts.gov/

Des.

[tonyjablonsk]

In regard to your immediate response, it is greatly appreciated. I have done my homework and according to the courts I did file correctly under chapter 7 to re-open, but I am still missing some paperwork. Hoops!!!...always hoops...

Some background pertaining to why I filed would be cause to some overwhelming medical bills. Yes, I do thank the doctors and surgeons of which whom helped me. I understand why some would assume that others would and will take advantage of the system, but there are some cases in which some do need relief. I'm not asking for a handout or a coach, just some direction to find the info that I need without feeling like Erin Brochavich.

In my initial filing, I was under the assumption that the summary of schedules were the schedules for A thru J. Those schedules were filed today along with my petitions to the creditors and certificate of services to the court. Now, what the courts tell me is that I'm missing paperwork that pertains to "rule 5010-1 reopening cases". I am unable to find what they ask for.

I can search and search and may get lucky in 5 min. or drown in meaningless cases of references that has nothing to do with "my hoop". I'm not a lawer(can't afford one) and not a college grad(didn't go), just a simple nudge to the correct link would be of help.

[tonyjablonsk]

tryed reply fast but getting up and down cooking meals turns off my log-in. Had to rewrite 4 times.

sorry

[tonyjablonsk]

how many "in re: jane doe" do I have to thumb through to find a case that pertains to not just mine but others without becoming a lawyer. It's as if lawyers write laws to be so complicated:

(1)read intruction manual (2) grab hammer (3) hit self in head.

[justbroke]

Whenever there's a Federal Rules of Bankruptcy Procedure (FRBP) number followed by a "dash" (-) and a number, that means it's a Local Rule. You need to check your Local Rules! Local Rules for Nebraska are here. The problem is that no one can help you through the legal questions, but "procedurally" you should be able to call your Case Manager and ask a procedural question.

The procedural question should ALWAYS start with "I have a procedural question". You should ask what is required to be filed on a case re-opening. I looked at (Nebraska) Local Rule 5010-1 and it clearly states what is necessary;

• Perhaps you didn't pay the $260 re-filing fee
• Perhaps you didn't file a Motion to Re-Open clearly articulating "cause" for re-opening. (So far, this case has cost you at least $560 ($299 + $260).)
• Perhaps you didn't serve the United States Trustee and the prior Trustee?

I don't know how you can write that you did file correctly, when you state that you also received some sort of deficiency under Local Rule 5010-1. The court will almost always "accept" papers filed, stamp them, and then scan and enter them on the docket. That's not the same thing as having them right.

Personally, I think you're drowning in procedure. Did you at least have and read the NoLo Guidebook to Filing Chapter 7 before you filed? Paperwork deficiencies can get expensive and can lead to some serious issues. Additionally, Desprifreya was nice to mention the "first day" motions as well (as in the Motion to Extend the Automatic Stay).

Like it or not, you need to be an attorney now.

[tonyjablonsk]

Maybe it's just stress, but I do realize that is not an excuse.

I do have the local rules and this is not a legal question. There is no i.e. case manager involved, hence the "pro se guide"

my procederial question is simple1)be confused (2) don't ask ?'s (3) pay $ you don't have...
You have to understand all my filing fees have been waived along with the re-filing fee waiver. I don't have the money.

You also have to understand that all the 2 trustees have been served along with my creditors. Local rule 5010-1 keeps refering back to 4001-1 and which in turn refers me 9013-1 and goes back to 4001-1.

I witnessed my papers being stamped,filed(not scanned).

What does 5010-1 want?

another essay? maybe a petition? I don't know?

I don't speak latin "despifreya".

the only only latin I no is Semper Fi

What is NoLoGuide to filing

[tonyjablonsk]

guess what just broke

I am broke

[tonyjablonsk]

my whole guide is full off notes, like a used college book

[mountanddo]

What is NoLoGuide to filing

I know nothing about filing Pro Se, however just reading these forums for about 5 minutes I knew that you shouldn't attempt doing a bankruptcy yourself without this book. I suggest you go buy this book and read it front to back before you continue on.....

Borrow the money if you have to to buy it.

[ValleYum]

Maybe it's just stress, but I do realize that is not an excuse. BK is super stressful, period.

I do have the local rules and this is not a legal question. There is no i.e. case manager involved, hence the "pro se guide" How I understand this is that every person that files BK is assigned to a staff member at their local BK court a.k.a. your "caseworker". You can call and give them your BK Case # and they can connect you to the right person to whom you can ask a PROCEDURAL question since they don't give legal advice.

You also have to understand that all the 2 trustees have been served along with my creditors. Local rule 5010-1 keeps refering back to 4001-1 and which in turn refers me 9013-1 and goes back to 4001-1.

I witnessed my papers being stamped,filed(not scanned).

What does 5010-1 want?

another essay? maybe a petition? I don't know? Any chance you didn't turn in your Proof of Service form along with a list of who all was served? That is in your local rules.

I don't speak latin "despifreya". despritfreya is the screen name for a poster that gave you advice up above in this thread. He is also a BK attorney.

the only only latin I no is Semper Fi

What is NoLoGuide to filing See below for mountanddo's comments and a link!

I know nothing about filing Pro Se, however just reading these forums for about 5 minutes I knew that you shouldn't attempt doing a bankruptcy yourself without this book. I suggest you go buy this book and read it front to back before you continue on.....

Borrow the money if you have to to buy it.

The Nolo Guide to Filing is a book form the Nolo Press called: How to File for Chapter 7 Bankruptcy. It's only $19.99 for an instant PDF download.

Here is the link: http://www.nolo.com/products/how-to-...uptcy-HFB.html

Good luck to you!