File dismissed: Non-filing of docs - How do I re-open my case???

[hmanusa]

Hi,

I recently filed (Pro se) my BK-case and sent all docs via e-mail to the trustee, thinking that I was sending all info to the BK courts. SURPRISE!!! My case was dismissed this past week on December 17 ,2009. I since learned about the possibility to have my case re-opened through the use of a Motion to vacate. I have been searching the internet for a sample of this Motion to no avail. I also learned about PACER system. Is Pacer system a good choice to avoid simple errors as mentioned before?

Your advise is greatly appreciated.

HmanUSA

[justbroke]

Yes, you need to file a Motion to Vacate. You only have until 12/27/2009 to do this (as "appeals" must be filed within 10 days of an order).

Rather than repeat everything that was discussed in a similar thread regarding a similar problem... here's the thread... http://www.bkforum.com/showthread.php?t=32115

You are not asking to have the case re-opened. You're asking the Judge to vacate the order dismissing the case. What you have is excusable neglect and your Motion to Vacate Order Dismissing Case will plead such. You need to "contemporaneously" file the missing documents when you file the Motion.

You may also need to submit a "proposed order" as well, granting your motion. Make sure you understand the "procedure" which you can do by calling your Case Manager and asking a "procedural question". That question should be "I need to ask a procedural question. Do I need to file a proposed order with a Motion to Vacate?"

[hmanusa]

Thank you, JustBroke! Your information is very helpful, indeed.

HmanUSA

[justbroke]

Actually, you have until 12/28/2009 to file (since 12/27/2009 falls on a weekend or holiday). However, I would get this done tomorrow and file it no later than Wednesday so that there are no mixups! I recommend hand delivering it to the Clerk's office with a "copy" of your pleading so that you can have it file stamped (and take the stamped copy with you).

By being very diligent about this, you'll save yourself $260 in re-open fees!

[hmanusa]

Thank you, justbroke! I'll get it done today. Don't wish to agonize over this!