case dismissed

[bearsfaninwisc]

Hey all.Sure glad I found this forum.

Ok now for my problem....I just got a letter today from the bankruptcy courts stating that my case has been dismissed because I forgot to make my payment.When I filed for chapter 7 I also filed for making payments instead of the whole fee upfront which was granted.

So now that it has been dismissed can I reopen it and how do I do this seeing as I am prose????

I live in wisconsin and filed my bankruptcy with the eastern district of wisconsin.

I know I need to file a motion but how do you do this and what form must it be in?

Also does this mean that now in order to reopen it I must pay the remaining balance owed plus the reopen fee all at once in order to get my case reopened?

Any help would greatly be appreciated!

[bige1030]

To reopen the case, you will have to pay the amount due on the original filing plus the reopening fee ($260) and file a motion to reopen with the court clerk.

You'll have to consult your local law library (the district court of your county or a nearby law school should have one) for the proper form for the motion to reopen. Unfortunately, there isn't one available on the Internet.

[bearsfaninwisc]

Thank you very much for your response it is much appreciated!!!!!

So I take it that once I file this motion my case should and will continue???

I guess I would like to know what are the chances my motion will be rejected???

Again thank you tons!!!!Any help is awesome and greatly usefull to me seeing as there is not a attourney around who will help me seeing as I am proSE!!!!

[SinkingFast]

Whether or not your Motion will be granted is totally up to the Court. They could say Yes, your argument has merit. They could say NO and not hear your case. Even if you're Motion gets heard, the Court could still deny you paying the additional fee due. It's really a crap shoot.

Not saying it's not worth a try. It's just, that's what you're up against.

Your other alternative is to lay low, wait out your 180 days, and refile.

[bearsfaninwisc]

Ok....Thank you for your reply!!!

Well this morning I called the self help desk at the court and asked the clerk how long would I have to wait to re-file and she said there is no waiting because seeing as it was dismissed it is as if there was never a case to begin with so I said I can come down tomarrow and file again and she said absolutley!!!!!

She also said I can file a motion to have it re-opened and pay the $260 fee to file the motion to have it re-opened or I could just refile again!

Now I sure hope that she is right about this because I am going down to the court friday and re-filing again...cross my fingures and pray!!!!!!!

But I can not see why the bankruptcy court them selfs would tell me that I could do this if I couldn't!!

I will let you all know what happens when I refile again!