motion to reconsider order dismissing case

[rdoug]

I need to file a motion to reinstate my chapter 7 case due to failure to pay filing have valid reason somebody, anybody please help me!!!!!!!rdoug

[FilingOnMyOwn]

Doesn't matter if you have a valid reason. You don't pay, filing does not go through.

[Minnymouth]

Sounds like you went to file a Chapter 7 - never paid the filing fees and/or your attorney and your case was dimissed for nonpayment of fees.......

Well, you just sure screwed yourself.................... cause the Court really "doesn't care" what your reason was for not paying............. Just a fact...... so they dismissed your case.

NOW, you can no longer file a 7 for a certain amount of time (2-3 years or longer) and you may still have the option to file a Chapter 13 if you qualify....

Do not go into bankruptcy "blindfolded" - your future is at risk................ follow procedures..........

Whining to the Court will not change anything............
If you weren't dead or in a comma they won't listen anyways......

Sorry to hear about this happening to ya..............

[StaciMM]

Minny-this type of dismissal does NOT keep anyone from filing for 2-3 years! If they file again, they may not have the automatic stay or may only have it for a short period of time.

Unless the dismissal included a specific time frame, they are not restricted from filing again. The restriction on repeat filing applies to successful filings, which lead to a discharge.

[Minnymouth]

Stacci,
I need to go back and do some research on this.....
There was something in the new laws about people filing to get the stay, then not showing up or paying their fees to get it dismissed so they could hold off the creditor for another 6 months or so and then turn around and do it again..... just to hold off creditors for a year or so......

I'm thinking they designated a "waiting period" so people who did this couldn't continue it....

Will get back with you on this........ I could very well be wrong on this issue..

Minny

[Minnymouth]

I'm wondering if "his case" was even filed at all since he did not pay the filing fees????? Normally all fees have to be paid up front concerning filing fees......... So there would have been "nothing" to dismiss!!!.... Not filed - no dismissal - thus he can refile anytime!

The Attorney is usually the only one that can waver his fee temporarily and goes ahead and files the case - but I believe all filing fees have to be paid up front and attorney before 341 meeting....

[djk]

when i filed i requested a payment schedule and the judge ordered that I could pay the complete amount over 4 payments. $74 at time of filing, and the remainder divided between 3 equal payments. I think you do have to pay at least $74 at time of filing, which may actually be the filing fee if I remember correctly, and the rest is just court costs/trustee fee/etc.