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    Possible 'entry error' which could matter

    Hi guys,

    Good to hear your words again. You make me laugh. I've put my mind off bk for a long time-- apparently too long.

    I realized last night (horrified) that I had forgotten about the 2nd financial course certificate. (Never conceived of forgetting that; but I did.)

    I signed up to take it last night. The clerk at the place looked up my case on PACER and told me it said that they were "awaiting 341 and discharge".

    This is baffling. [They do have that I filed April 21.] I had my 341 at the scheduled time on June 3.
    Could this be a (lack of) entry error?

    Anyway, it might matter for this reason. If this person is right (and note that I have not received any mail saying that my case was closed), then I should not have to file a motion to reopen the case and pay the fee for doing so.

    Unless, of course, this beaucracy requires that because my certificate will be dated after 45 days from the 341, that my case be first closed and then I have to motion to reopen it.

    I'm wondering how best to address this situation. Or whether it would make any difference.
    E.g. Do I go to bk court Monday and submit the certificate (with form 23) at the window, without first mentioning that the 341 is not recorded? Or what?

    [[Note: [I've registered for PACER today (a bit late, I know) but having trouble having it accept my login. I made sure cookies were accepted, as they state, but that didn't get it to work; and am now wanting to try the other thing they suggest which is deleting the cookies file (not sure how to).]]

    Anyway, assuming I could get onto PACER do I have any option to electronically submit the forms, or should I just go in person?

    I read a sample motion for reopening one's case and noted how specific it was in saying it was because the certificate business. I take it then that reopening the case does not give one license to e.g. add a new creditor to the mix, that that would change the whole deal.

    I can probably stop in at Public Counsel Monday morning and see whether they have anything to say.

    Any thoughts are more than welcome; look forward to hearing from you.

    Thanks guys, goldfish

    #2
    You can't file electronically on PACER unless you are an attorney. I don't know what to say about the delays in the other stuff... I hope you get it worked out.

    And it's great to see you again Grassfish. :-) Sorry the circumstances aren't better!

    Comment


      #3
      Okay, the real issue is whether your case was closed without the certificate. Since your case is open, Just go and file Form 23 along with the certificate and be done with it. Don't worry about the dates on PACER or the docket having the wrong status. Mine still says "Awaiting Confirmation Hearing". Yes, I'm in a Chapter 7.

      After your certificate is filed, then bug the Clerk about closing the case. This may actually be a good thing that the case hasn't closed. Besides, I know my Judge periodically allows cases to be reopened ($260 a pop) to file the certificate and receive the discharge. The bankruptcy code only reads that you "may" not receive a discharge. That means it's discretionary by the Judge.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        The situation is better

        Hi Guys,

        Thanks for your most pertinant input.

        Comment


          #5
          last message was cut off

          My message was cut off; so I need to be brief now.

          good news-- Because the case was not closed I could file OF23 without reopening.

          -- Discharge seems only to depend on their processing the certificate.

          So, I'm quite pleased. Thanks!

          Comment

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