Update on my case. Can someone explain it in dummy terms?

[lotsahats]

I found this update on PACER. One of my creditors, plaintiff in an auto accident case, has filed a Motion for Relief from Stay in order to collect from my insurance carrier, but the motion has been denied.

"The court, on its own motion, directs that the Motion for Relief From Automatic Stay filed by [auto accident plaintiff] on June 1, 2012, is DENIED, without prejudice, because the Motion was not accompanied by the $176.00 fee required upon the filing of an automatic stay motion nor was it filed in compliance with [my area] Local Bankruptcy Rule 9013-1. Additionally, the Motion was improperly filed in paper form contrary to General Order number 05-04 entered on September 27, 2005, which has required, since January 2, 2006, that all attorneys practicing in the United States Bankruptcy Court for [my area] must become registered users of the court’s Electronic Case Filing System and file all documents electronically.

The court further directs that the Movant’s attorney become a registered user of the court’s Electronic Case Filing System before filing additional documents in this or any future bankruptcy cases."


So, why was the motion denied? Something about not paying the fee, not using proper paper, and the attorney isn't a member of the Electronic Case Filing System?

What does "denied without prejudice" mean?

Being now twenty days away from the deadline to object (sixty days past 341 meeting) what does this mean for my case, and the creditor?

[frogger]

Denied - he didn't pay the fee.
Denied - he didn't upload the document on the ECF system as attorneys are required to do.

Without prejudice - normally means that it can be refiled again.

Did you see anywhere that he had any amount of time to correct and/or refile? Normally, with a filing deficiency, the filer is given about 10 days to correct the problem.

[HHM]

Just as it says.

The attorney made a "process" mistake.

In layman's term, the court is letting them know they messed up the filing (didn't file it properly and didn't pay the filing fee) and they get a "do-over."

Frogger - since this motion was dismissed, there is no inherent refiling timeline. Especially for a Motion to Lift Stay, that can be filed at any time.

[frogger]

Frogger - since this motion was dismissed, there is no inherent refiling timeline. Especially for a Motion to Lift Stay, that can be filed at any time.

You are correct! Thanks for the clarification.

[lotsahats]

Thanks, Frogger and HHM.

Well, my goodness. You'd think the plaintiff's attorney would have gotten it right.

[SMinGA2]

I would think this motion - regardless of the outcome - has no direct bearing on you or your case. If I understand correctly, the plaintiff's intent is to collect from your auto insurance policy. That's what auto insurance policies are for. Your BK will prevent the plaintiff for coming after you should the limit on your policy not cover all their damages/medical/etc.

[lotsahats]

I would think this motion - regardless of the outcome - has no direct bearing on you or your case. If I understand correctly, the plaintiff's intent is to collect from your auto insurance policy. That's what auto insurance policies are for. Your BK will prevent the plaintiff for coming after you should the limit on your policy not cover all their damages/medical/etc.

Yes, that's my understanding. I was just wondering if my bk case will remain open until the auto accident case is settled (which could take awhile), or if it'll close soon after the 60-day deadline is up.

Needless to say, I'm ready for all of this to go away.

[SMinGA2]

Open or not it should not affect the discharge. And just my guess, but an insurance case where you're the defendant should be of less interest to the trustee than a case where you're the plaintiff. Doesn't sound like this is a situation that could lead to $ for your creditors.