Need Major Guru Help, Quick!

[dingdong]

I just checked Pacer and it says my case was dismissed for failure to submit all documents. I checked and double checked the list they gave me and was sure I had everything ( Chapter 7) It looks like I may have forgot my Startement of intention, which I was unsure how to fill out because I have no secured creditors.

What do I do?

I am completely panicked?

Can I file a motion to re-open?

It is just one stupid paper with virtually no info on it!


I just checked my deficiency notice and I still have time for the filing of the statement of intention.

I have no idea why it was dismissed then?



I am feeling so stupid!

Help!

[bkchap7filer]

I don't have any advice, but just wanted to say that I am sorry this happened to you!! I know you must be overcome with stress!!!!

[dingdong]

I just called the BK court, They said I didn't turn in my means test, which I absolutely know I did.

The clerk said I can write a letter to the court/judge asking them to re-open.

Does anyone know how to do this, the proper verbage and the best way to go about?

I am WAY below the median. The means test isn't an issue per say, they just say they don't have it.

HElp!

[B65]

did you file pro -se?

also why would you need a means test if you are below median... also why did they not notify you as to what was missing and give you a chance to submit? also had you had your 341 yet?

B

[dingdong]

also why would you need a means test if you are below median... also why did they not notify you as to what was missing and give you a chance to submit? also had you had your 341 yet?

B

The means test is a required form. I prepared it, certain I incuded it, ( is is stored in my BK file completed)

My 341 is in Jan.

I just need to know what to write in the letter to the judge so they can re-open. The clerk said my case is not closed, just dismissed.

[dingdong]

Please, I am totally panicked and I don't know what to do?

I know I sound like a big baby, but I have to get this in before I go to work tonight and the BK court is 1.5 hours away from my home.

HHM, are you out there?

[dingdong]

I drafted this letter.

Do you think it will be sufficient?

Dear Sir,

I am a pro-se filer of a Chapter 7 Bankruptcy case. I accessed PACER today and noticed that my case was dismissed for failure to file all documents. While preparing my petitions and schedules I earnestly checked my documents to make sure I had included everything that was necessary. I was positive I had turned in all of my required documents. After speaking with the clerk at the court, she informed me that my form 22A (Means Test) was missing from my filings. I was certain I had included it in my filings. I included a checklist of all forms and triple checked for accuracy. I prepared this document for filing at the time I prepared all of my schedules and statements, but must have inadvertantly left them out. I am hoping that you will consider re-opening my case to include the filing of the Means Test. I am well below median income for my family size. I am incredibly sorry for making such an error and appreciate your consideration in this matter. I have included two copies of the required documents that were missing from my filing.

With very kind regards,

Ding Dong

[dingdong]

[justbroke]

First, let me say this. Whenever you submit documents to the court and you are doing this in person... bring a second copy with you. The clerk will stamp your copy (as official). Then you have the basis.

Otherwise, anyone can say that you didn't include Form B22A in your filing... because it doesn't show up. Also ask for a page count. Usually, they will separate everything out in front of you and get the page count... but this is mostly to put the schedules in the right order. Usually, the B22A (Means Test) is the last document in the stack.

[justbroke]

What you wrote below is fine. That it is not closed is irrelevant... as it was dismissed. You should make an EX-PARTE EMERGENCY MOTION TO REOPEN...

Applicant seeks to reopen her case in order to file Official Form 22A and to move the court to enter a discharge under 11 U.S.C. Section 727.

I would get rid of the "enter a discharge under...". You can't ask for that because your case hasn't even made it to the 341 yet. I would probably just write "Applicant seeks to reopen her case in order to file Official Form 22A."

[pigpen75]

File again in 6 months. No big deal

[justbroke]

File again in 6 months. No big deal

It may be an emergency. For example the Debtor (OP) is dependent upon the automatic stay.

[dingdong]

It is a big deal because I have a garnishment, and creditors can sue once the stay is lifted

Do I have to say "Emergency Motion"?

Will they charge me a fee?

[justbroke]

also why would you need a means test if you are below median... also why did they not notify you as to what was missing and give you a chance to submit? also had you had your 341 yet?

B

Actually, they do give you a chance. They will mail you a copy of a "Deficiency Notice" almost immediately afterwards. It's also on PACER. You really need to check PACER DAILY if you are a pro se or in pro per filer, during the first month of your case.

[justbroke]

It is a big deal because I have a garnishment, and creditors can sue once the stay is lifted

Do I have to say "Emergency Motion"?

Will they charge me a fee?

Call the Clerk. Ask if there's a fee for an Emergency Motion to Re-Open.

Since the case isn't closed, you may be able to avoid the $260 fee. (Yes, a $260 fee to REOPEN a closed Chapter 7 case.) If your case actually did close, then you have to pay the $260 along with the Motion to Re-Open.

If you don't need the automatic Stay (foreclosure or car issues) then don't worry about Emergency.