Help! Judge Dismiised my case..what to do

[norwoodguy1]

I filed Chapter 13 on Feb 24th. I decided at the last minute. I did not have the precounseling done. i called CCCS of Del Valley on the 24th. I did file an exception and explained to the Judge it was an emergency filing....CCCS took my infor and said someone would get back to me within 2-3 days(Friday being the latest) I waited for the call. On Friday no call came I called them and they said sorry they would pass the message along and have someone call me back the following week.This was the 1st week of March. Finally I got a call back and they set up a Meeting on the phone for the following Tues march 10th. This would be the day before all my forms were due. i sent another letter to the Judge explaining that I had the meeting and would send the certificate to him as soon as i got it. Which I did that friday.
I just recived on the 20th a letter saying my case was dismissed because I did not meet the exigent circumstance. I did make the call and it was CCCS that botched it. This was a last minute filing that i decided to do on monday the 23rd.
Can I ask the Judge to reconsider or can I refile???

[dingdong]

Did you file a ch 13 Pro Se?
OR do you have an attorney, it would help to know.

[AngelinaCatHub]

You must make a motion for consideration, not normally are you able to write a Judge directly, or even talk to him without it going on your docket. State in your motion the history of your actions. Be matter of fact, and if you can find case law of others who made the same mistakes who were re-instated that would help. 'Hub

[HHM]

You may not have known what to ask for for the CCCS. These courses can be done online, you fill out a form and watch a video for an hour and a half.

Sorry to say, you botched this, not the CCCS. What exactly was the "emergency"?

The good news is, you can always refile a chapter 13. However this time, I suggest you get an attorney (1) chapter 13's should not be done pro se, (2) and don't take offense, but if you couldn't figure out how to get CCCS course done in less than a day, you really don't have what it takes to file a chapter 13 on your own.

[acelasher]

HHM - you didn't mention what the time frame was for norwoodguy1 to refile after botching his case in this way. I botched mine similarly. Does he have to wait 180 dyas or can he refile immediately. Also, if a case is dismissed with prejudice does the dismissal document say clearly so? Will you elaborate?

[HHM]

No case will be dismissed with prejudice because of an unfiled CCCS certificate, but yes, if the case was dismissed with prejudice, the order would say so.