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  • Good News!

    Ok. So I finally have some good news. I told you I have not given up, despite getting very stressed, depressed, and hopeless about all this. It is also exciting. The possibility.

    So my Motion to Reconsider the Fee Waiver is scheduled to go before the Judge! I have to see if I can do that on the phone.

    It looks like the Trustee is willing to work with me on the Telephonic 341. It is his first time ever hearing about such a procedure!

    But! There are two issues still.

    1. The court date for waiver reconsideration is still a few weeks from now. 1st payment is due in a few days. Am I temporarily exempt from paying? Or do I pay, and hope to be reimbursed later?

    2. I received a "Non Compliance" notice that I failed to file form "Summary of your Assets and Liabilities and Certain Statistical
    Information − Federal Rule of Bankruptcy Procedure 1007(b)(1)."

    Luckily, that was the ONLY form I failed to file. Not bad, I guess. Does anyone know where I can find this form online? I am going to check the Fed site now.

    Still not sure if they will grant this, but I am much more hopeful. It is not just "screw you, you are poor!" as I originally thought.

    Thanks guys!

  • #2
    Originally posted by david1971 View Post
    Ok. So I finally have some good news. I told you I have not given up, despite getting very stressed, depressed, and hopeless about all this. It is also exciting. The possibility.

    So my Motion to Reconsider the Fee Waiver is scheduled to go before the Judge! I have to see if I can do that on the phone.

    It looks like the Trustee is willing to work with me on the Telephonic 341. It is his first time ever hearing about such a procedure!

    But! There are two issues still.

    1. The court date for waiver reconsideration is still a few weeks from now. 1st payment is due in a few days. Am I temporarily exempt from paying? Or do I pay, and hope to be reimbursed later?

    2. I received a "Non Compliance" notice that I failed to file form "Summary of your Assets and Liabilities and Certain Statistical
    Information − Federal Rule of Bankruptcy Procedure 1007(b)(1)."

    Luckily, that was the ONLY form I failed to file. Not bad, I guess. Does anyone know where I can find this form online? I am going to check the Fed site now.

    Still not sure if they will grant this, but I am much more hopeful. It is not just "screw you, you are poor!" as I originally thought.

    Thanks guys!
    OK. So I found the form. And I already filed it!

    It's just a form that basically says "I swear I did not hire anyone that is not an attorney to help me with this case". That is all it is.

    Which is strange, becasue I filled out this same thing on several other forms.

    And I definitely submitted this. Strange.

    Comment


    • #3
      Scratch that. That was b106dec.

      They want b106sum.

      They make it easier for you by NOT listing the form they want. Just it's name. Ha ha.

      And they are right. It looks like I missed that one! It looks exactly like another form I filed though. Also strange.

      But either way, I missed only one form. Not bad.

      Comment


      • #4
        It says it is "Terminated". What exactly does that mean? And I was reading that one has 45 days to file all of the paperwork. That the "Non-Compliance" is basically a warning. Can anyone explain it all?

        Comment


        • #5
          What screen are you looking at? If you are looking at Statuses and it says there's a terminated date, that means that the issue was met/satisfied and hence the notice terminated.

          So which part in PACER were/are you looking?

          [Please note that you have asked questions about "terminated" status in two places and your responses will be diluted or non-existent.]
          Last edited by justbroke; 03-02-2018, 10:33 AM.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            Originally posted by justbroke View Post
            What screen are you looking at? If you are looking at Statuses and it says there's a terminated date, that means that the issue was met/satisfied and hence the notice terminated.

            So which part in PACER were/are you looking?

            [Please note that you have asked questions about "terminated" status in two places and your responses will be diluted or non-existent.]
            I think I asked twice in this thread?

            It is under "Deadlines/Hearings". Which is strange. Nothing else is yet "Satisfied". Only that one form was "Terminated". I read in a previous case, of course this was Ch 12, that they were notified of "Non-Compliance", and "failed to submit the additional paperwork within 45 days from the initial filing".

            I hope that means I am OK? By the time they get it, it will be about 35 days from the original filing.

            Comment


            • #7
              Originally posted by david1971 View Post

              I think I asked twice in this thread?

              It is under "Deadlines/Hearings". Which is strange. Nothing else is yet "Satisfied". Only that one form was "Terminated". I read in a previous case, of course this was Ch 12, that they were notified of "Non-Compliance", and "failed to submit the additional paperwork within 45 days from the initial filing".

              I hope that means I am OK? By the time they get it, it will be about 35 days from the original filing.
              Does this mean my case will be denied?

              I already filed the missing form, but it still says "Terminated".

              Should I file a motion to extend the deadline or something?

              So scared, because I FINALLY got the telephonic 341 approved.

              Comment


              • #8
                "Terminated" on a docket entry means that it was satisfied. I'm going to guess that you're seeing variations of Entered, Filed and Terminated on the Docket (History/Documents) in PACER.

                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #9
                  Originally posted by justbroke View Post
                  "Terminated" on a docket entry means that it was satisfied. I'm going to guess that you're seeing variations of Entered, Filed and Terminated on the Docket (History/Documents) in PACER.
                  If Terminated means Satisfied, why is there an option for Satisfied?
                  Has a terminated date only. Before I filed the paperwork late.

                  Comment


                  • #10
                    If you're looking at the docket, it says "terminated" because it's akin to a Motion. Motion is not "satisfied" is is "terminated." It's a legal distinction, I suppose.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog


                    I am not an attorney. Any advice provided is not legal advice.

                    Comment


                    • #11
                      Originally posted by justbroke View Post
                      If you're looking at the docket, it says "terminated" because it's akin to a Motion. Motion is not "satisfied" is is "terminated." It's a legal distinction, I suppose.
                      It's under the... "Dates and Deadlines" I think it is called?

                      Why would it be satisfied aka terminated, when I received my "Notice of Non-Compliance", and before I sent in the missing paperwork?

                      Sorry, I am not good at explaining myself.

                      On an aside, getting a telephonic for the Motion to Reconsider Fee Waiver was approved and was pretty easy. I actually did not file a petition, just sent a letter to the Clerk. I assumed that was OK. They took it as a Motion, and approved it. Kind of strange. I did not put it on a court format, but a standard letterhead. Nice of them at least.

                      Comment


                      • #12
                        Dates and Deadlines are "tickle" dates and I would not use that to manage my case. I still have a tickle date of Awaiting Confirmation and it shows over 3,300 days in that status. . (My case was discharged in 2010.)

                        As for not filing papers correctly, you can read my blog post on how the courts must "construe" filings of Pro Se debtors liberally. When you send a letter asking for something, they count that as a motion. A licensed attorney would not have that luxury. The problem with "letters" is that if it's something hypertechnical, the Pro Se debtor will likely loose the motion because they didn't follow a strict guideline. For example, certain motions follow the rules of a contested matter under FRBP 9014 which complicates things procedural-wise; so a letter would likely be highly ineffective.

                        Congratulations on the Fee Waiver and the 341 Telephonic hearings.
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog


                        I am not an attorney. Any advice provided is not legal advice.

                        Comment


                        • #13
                          Originally posted by justbroke View Post
                          Dates and Deadlines are "tickle" dates and I would not use that to manage my case. I still have a tickle date of Awaiting Confirmation and it shows over 3,300 days in that status. . (My case was discharged in 2010.)

                          As for not filing papers correctly, you can read my blog post on how the courts must "construe" filings of Pro Se debtors liberally. When you send a letter asking for something, they count that as a motion. A licensed attorney would not have that luxury. The problem with "letters" is that if it's something hypertechnical, the Pro Se debtor will likely loose the motion because they didn't follow a strict guideline. For example, certain motions follow the rules of a contested matter under FRBP 9014 which complicates things procedural-wise; so a letter would likely be highly ineffective.

                          Congratulations on the Fee Waiver and the 341 Telephonic hearings.
                          Well, I usually put it on a court paper format. It is not complicated. I just thought I could casually ask. Did not know I needed a petition.

                          I have a question though, please. I just got my letter granting it, via PACER. Or... the letter stating that they sent the letter by mail (that I did not get yet-good thing I am on PACER!).

                          But it says I need to inform the "other parties" that I will be doing the fee waiver reconsideration via phone. Who are the other parties?

                          Comment


                          • david1971
                            david1971 commented
                            Editing a comment
                            Am I supposed to notify ALL of my creditors?

                        • #14
                          You should call your Clerk of the Court. When I was Pro Se, I asked them to send all notifications that were not notice under one of the rules. For example, when I filed an amended Chapter 13 Plan (prior to confirmation), the Clerk sent all the notices (since it would cost me over $60 each time).

                          You are going to need to speak with your Clerk.
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                          Status: (Auto) Discharged and Closed! 5/10
                          Visit My BKForum Blog: justbroke's Blog


                          I am not an attorney. Any advice provided is not legal advice.

                          Comment


                          • #15
                            Originally posted by justbroke View Post
                            You should call your Clerk of the Court. When I was Pro Se, I asked them to send all notifications that were not notice under one of the rules. For example, when I filed an amended Chapter 13 Plan (prior to confirmation), the Clerk sent all the notices (since it would cost me over $60 each time).

                            You are going to need to speak with your Clerk.
                            That seems pretty silly that they would make me pay hundreds of dollars to notify people of my possible fee waiver...

                            Comment

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