Need help with form 5010...

[jamesnrowena]

i got a letter in the mail for the second time stating that the motion to reopen was denied due to no proof that the motion was ever served.
can someone please explain this to me? do i need to include a list of the creditors and the trustee and judge in aseperate list with the form? i spoke to several paralegals but they seem uninterested in helping me. any help and insight on this would be much appreciated.

best regards,

james

[justbroke]

Paralegals can't give you legal advice.

I offer you these suggestions... search your local Court's site for Motions to Re-Open and look at the format. You will notice that after the Motion, and usually on a new page, a Certificate of Service is there. That certificate will have certain information on it and then will be followed by a list of persons/entities upon which it was served.

If you don't understand how to serve papers upon entities, you need a real refresher course. Do you have the NoLo book?

You also need to look at your local rules on what the service requirement is for a Motion to Re-Open. I don't know your local rules, so Federal Rule of Bankruptcy Procedure (FRBP) 5010 -- which is the procedural rule on re-opening a case -- may have been modified by your local District. You need to look at FRBP 5010 and any Local rendition of it.

Here's the rule: http://www.law.cornell.edu/rules/frb...s.htm#Rule5010

Why are you trying to re-open your case?

[jamesnrowena]

well i mailed my post educational certificate (i know stupid me). and the court house never received it. so my case was closed without discharge. i filled the motion the to reopen to submit the certificate so my chapter 7 can be discharged. the clerk basically told me that i need to specify all parties involved that the motion to reopen will be served.

[justbroke]

So, that sounds like you have to serve it on "all creditors on the current mailing matrix". Go into PACER, get the latest mailing matrix, and then serve that Motion to Re-Open upon all those on the matrix.

Also don't forget your proof of service.

If I'm speaking Greek...

[jamesnrowena]

So basically fill out form 5010 again but include the list of creditors that I had filled chapter 7 on along with their addresses. Can I have it on a seperate sheet and attached with the form? Do I also need to list the trustee that was on my case and the judge? Sorry to ask so many questions I wished they hand a hand book on how to fill all these forms out properly. The local hand book they let me look at might as well be written in Chinese and I am half lol.

[justbroke]

Do you have access to PACER at all? Do you have the NoLo book?

You need to get a current mailing matrix from PACER (CM/ECF) or from the Clerk of the Court. You use this list to create a Certificate of Service. You also use this list to mail a copy of the Motion to Re-Open to all on that list.

[jamesnrowena]

I just registered for PACER and no I dont have the book unfortunately. Is this something that a paralegal can handle? Since Im brainless on this matter I would rather have the paralegal fill this form for me and get it done right rather than me blundering it again.

[justbroke]

Yes, a paralegal can prepare it for you.

[jamesnrowena]

Thank you so much for all your help justbroke.