Motion to Reconsider Dismissal of Case

[gdddd106]

I got word that my case was being dismissed without prejudiced cause I missed my payment. I sent the payment but the Holiday caused it to get there late.

Is there a motion I can file?

Where can I find the proper form, if so?

Or will I need to file a new petition?

If I file a new petition where can I find a form for the motion to extend stay?

I'm in the PA Western District

Thanks

[HHM]

Usually don't get a Motion to Dismiss on "one" missed payment.

Try calling the trustees office and see if they will simply withdraw the motion, if you made the payment, it really shouldn't be that hard.

You need to clarify that status of your case, has the case been dismissed, or has only the Motion to Dismiss been filed. If only the motion to dismiss has been filed, you would file and Objection to that Motion. If the case has been dismissed, you would file a Motion to Reinstate.

As for forms, you need to visit your bankruptcy courts website and look in the local rules of procedure.

[gdddd106]

Usually don't get a Motion to Dismiss on "one" missed payment.

Try calling the trustees office and see if they will simply withdraw the motion, if you made the payment, it really shouldn't be that hard.

You need to clarify that status of your case, has the case been dismissed, or has only the Motion to Dismiss been filed. If only the motion to dismiss has been filed, you would file and Objection to that Motion. If the case has been dismissed, you would file a Motion to Reinstate.

As for forms, you need to visit your bankruptcy courts website and look in the local rules of procedure.

"Filed & Entered: 02/24/2012
Order Dismissing Case"

[AngelinaCatHub]

"Filed & Entered: 02/24/2012
Order Dismissing Case"

Wow! Doesn't seem right. No warning at all? As HHM stated, and you are pro se, act asap. When you sent your payment, did you green card it? I would every payment. I know the holidays held some of my mail up for several days. 'Hub

[HHM]

Then you need to do a Motion to Reinstate...probably time to get an attorney involved.

[justbroke]

Agree with HHM on all points. A motion to dismiss, in a Chapter 13, doesn't come because you missed ONE payment! In fact, there must be a hearing on the matter, so that means that the Trustee filed a Motion to Dismiss and served it upon the debtor.

A Motion to Reinstate is appropriate. However, you must be 100% sure that you are CURRENT when you file that Motion. You should also list a reason why you will be on time. Perhaps you were always paying late and the Trustee had already warned you?

In any event... Reinstate your case.

[SMinGA2]

Looked at your post history - you filed ch. 7 in December? Were you paying the filing fee in installments, or did you mean to say you filed ch. 13?

[HHM]

Good call SM, sounds like this was a missed installment for the filing fee.

[justbroke]

Yes, that would make it different SMinGA.