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Order dimissing whats this mean?

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    Order dimissing whats this mean?

    Letter says

    Order Dimissing pleading for noncompliance with local rules

    And now the 10th day of March, 2008 it is hereby ordered that the pleading entilited debtors affidavit (filed in responce to the trustees certificate of default to dismiss case) filed at document no 58. in the above captioned case is DISMISSED, without prejudice, for failure to comply with this courts local rule 9004-1. Electronic case filing procedure #8 and/or bankruptcy rule 9011. Local rules and forms can be viewed at the courts website at www.com The above pleading is being dismissed for :

    x Failure to comply with this courts local rules and local forms regarding "captioning" of pleadings local rule 9004-1, electronic case filing procedure #8, and or bankruptcy rule 9011, (the affidavit caption does not reflect the caption on the chapter 13 trustees certificate of default to dismiss case, filed at document no 55)


    So what does this mean? Is my case dismissed? My attorney said that the secretary filed something wrong. Does this just mean that the affidavit was dismissed or the entire case?

    This is becoming a nightmare! I checked 13network.com and everything looks good and says active. so whats going on here? does it sound like the case is dismissed or just the affidavit?

    #2
    Does this mean that the ORDER is dismissed? Or the CASE is dismissed?

    Comment


      #3
      Your case is NOT dismissed. Whatever this affadavit was that your attorney filed appears to have been dismissed over technical formatting issues (not a big deal really, but a pain in the ass, nonetheless.)

      It sounds like there was a formatting issue with the document that got filed and so the system kicked it. Your attorney need only fix the problem and refile that document.

      Comment


        #4
        So the case is not dismissed BUT do i need to re file the case or the lawyer will refile the affidavit, why do they make this stuff so hard to understand?!!! Geez I have bad anxiety VERY bad and blood pressure rises everytime i get somethign from the BK court

        Comment


          #5
          Your attorney need only refile this affidavit.

          Comment


            #6
            so the court hearing that is scheduled for next month may not happen at all since i paid the arrears? or will i still need to attend? lawyer says more likely it will cancel out, my laywer is not to good im sure most of you understand this by the way i keep asking these questions

            Comment

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