pro se Nebraska

[HHM]

Anyone want to bet money the OP never gets the BK discharge

Maybe the OP will knuckle down and figure it out, but so far, many of the posts simply don't make sense. I empathize with the confusion and uncertainty, but there really is no way we can help since the information provided so far doesn't make sense.

[ValleYum]

Anyone want to bet money the OP never gets the BK discharge

As much as I tend to be the forum Pollyanna, I sadly would would have to bet that the OP will not get a pro se discharge.

[OhioFiler]

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.

Sadly, your question can not be answered. There are no essays in a bankruptcy filing. Can you cut and paste the ACTUAL wording of the motion filed?

[LadyInTheRed]

You still aren't clearly stating the issue. It sound like you have already filed the motion to reopen the case, but there is a deficiency in that motion. Maybe you didn't file a notice of the motion or didn't file a proof of service. Or maybe you didn't include the resistance date.

RULE 5010-1. REOPENING CASES

A motion to reopen a closed case shall be filed with the Clerk together with the appropriate filing fee, if any. The motion shall state specific facts showing cause for reopening the case and the reasons for such reopening. Notice of the motion shall be provided to any former trustee in the case and the United States Trustee's office. If the case is being reopened to enable movant to file a motion, pleading, document, or adversary proceeding regarding a specific creditor or party, notice shall also be given to that creditor or party. The motion shall inform the parties of the resistance date pursuant to Neb. R. Bankr. P. 9013-1.

From 9013-1:

D. Resistance Date. Unless otherwise ordered or otherwise provided for in a Federal Rule of Bankruptcy Procedure (see, e.g., Fed. R. Bankr. P. 4001(c) and (d) and 2002(b)), upon twenty (20) days notice to creditors and interested parties entitled to notice, the Court will consider ruling on the motion pursuant to subsection I below, unless a written resistance or request for hearing is filed and served on or before the deadline provided in the notice of the motion. If no resistance is timely filed and served, the movant shall submit a detailed order in conformance with Neb. R. Bankr. P. 9072-1, within 30 days after the objection date. The order shall not be submitted until after the resistance date and after movant has confirmed that no resistance is on file. See Neb. R. Bankr. P. 9072-1.

E. Notice. At the time a motion is filed, the moving party shall serve a copy of the motion on and shall provide notice to all parties in interest and those that have requested notice pursuant to Fed. R. Bankr. P. 2002 that this Nebr.R.Bankr.P. 9013-1 applies. The notice shall state the specific calendar date by which any resistance or request for hearing must be filed and served. The calculation of such date shall not include the additional three (3) days permitted under Fed. R. Bankr. P. 9006(f) for service by mail even though the provisions of Fed. R. Bankr. P. 9006(f) shall continue to apply. The notice will be defective if it provides that a resistance or request must be filed within a specified number of days.


F. Proof of Service. Proof of service of the notice and motion shall be filed contemporaneously with the motion. The proof of service shall contain a list of recipients and shall attach a copy of the notice. The proof of service shall be filed as a document separate from the motion.


G. Service on the United States. Notice of a matter concerning an agency of the United States should be served on the United States Attorney General, the United States Attorney for the District of Nebraska and the agency representative at the address reflected in Appendix "B".

Also, did you file your summary of schedules along with the petition? In order to open the case, you may need to cure the deficiency that caused them to dismiss the case. I don't know if that is the proper procedure, do you?

[LadyInTheRed]

tonyjablonsk, I was thinking about you on my way to work.

Assuming I understand what is going on, you filed a deficient banruptcy petition that caused your case to be dismissed. Your filed a motion to reopen the case which was also deficient. Even if you cure the current deficiency and get the case reopened, I worry about what kind of problems may exist in your petition. The difficulties you are having now could be just the beginning. Based on the problems you are already having and your inability to clearly communicate what is going on in your case and frame what you call an easy yes or no question, I don't think you should be filing pro se. You keep referring to an essay, even after more than one person has asked what you mean! You don't write essay's in court. You might write motions, petitions, oposition to motions or petitions and many other things. It is important to use the correct terminology if you want to be understood.

You don't have to be Erin Brokivch to file a pro se Chap 7. But you are acting as your own attorney and need to be able to navigate the law and whatever resources are available to a pro se debtor. You don't need to read any case law to figure out how to re oopen a case, but you do have to navigate the rules, including references from one rule to another that sometimes seem to go in circles. It's not easy. It can be frustrating. You need to take advantage of every resource available to you, including the Consumer Pro Se Debtor Guide that the Nebraska Banrkuptcy Court provides.

You said:

In my initial filing, I was under the assumption that the summary of schedules were the schedules for A thru J.

You can't assume anything. Apparenlty you did not make use of the checklist on Page 7 of the Debtor Guide which includes:

Form B6, Summary of Schedules & Statistical Summary of Certain Liabilities and
Related Data (2 pages)

Sounds like your case was dismissed because you did not include Form B6.

If you were unable to file a complete petition with that checklist easily available, you should not be filing pro se.

You say you can't afford an attorney. Why not save money until you can? What is your hurry to file? Does somebody have a judgement against you and is threatening to garnish wages or put a lien on your property?

Have you tried contacting Legal Aid of Nebraska for help? http://www.neequaljustice.org/ApplyforHelp

If you continue on your own, I wouldn't take HHM's bet. If you don't get yourself an attorney, I hope you prove us wrong!

[tonyjablonsk]

thanks for all the advice, I will be sure to let you all know my outcome

[justbroke]

For what it's worth, you do have a Case Manager. Every judge has a "Clerk" and the Clerk has case managers. They may be called something else in your District, but each Case Manager is the person who actually manages the Docket for the Judge. They are separated by case number or social security number (usually the last 2 digits). You can usually tell who your case manager is by looking at who files the MAJORITY of papers in your case (on the docket). You can also just call the Clerk's office and tell them what Judge you have and that you want to speak with your Case Manager.

Yes, I'm having trouble following what you wrote as well. I can't tell what your deficiency is, but Lady In The Red may have figured it out to be Form B6 (the summary forms). Despritfreya is a poster who responded earlier (also an attorney). You may have needed to file "first day" motions as well. I hope that all of the information provided from a truly gifted and knowledgeable forum can help you but there's only so far we can go.

[tonyjablonsk]

Found it, it was simple. All it was was a piece of paper stating "NOTICE SETTING RESISTANCE DEADLINE." Piece of cake.

let's cross fingers

[tonyjablonsk]

I'll take that bet and what does OP stand for?

[ValleYum]

OP = Original Poster

Good job! Glad you found it!

[tonyjablonsk]

Thank you Valleyum and to all and Happy holidays.

I'll be sure check back and let y'all know the outcome.

[justbroke]

Found it, it was simple. All it was was a piece of paper stating "NOTICE SETTING RESISTANCE DEADLINE." Piece of cake.

How did you find it? Did you call the Clerk's office?

[tonyjablonsk]

Nope, I drove 20 miles to the courthouse and gave the girl doe eyes and a bottom lipped birds' pirch. Piece of cake.

[tonyjablonsk]

And also, I would like to thank "The Lady in Red." After re-reading her reply, what I did makes absolute sense to what she referred.

[tonyjablonsk]

"Maybe you didn't file a notice of the motion or didn't file a proof of service. Or maybe you didn't include the resistance date." aka. LadyIntheRed


that was correct