pro se Nebraska

[LadyInTheRed]

tonyjablonsk, I was thinking about you on my way to work.

Assuming I understand what is going on, you filed a deficient banruptcy petition that caused your case to be dismissed. Your filed a motion to reopen the case which was also deficient. Even if you cure the current deficiency and get the case reopened, I worry about what kind of problems may exist in your petition. The difficulties you are having now could be just the beginning. Based on the problems you are already having and your inability to clearly communicate what is going on in your case and frame what you call an easy yes or no question, I don't think you should be filing pro se. You keep referring to an essay, even after more than one person has asked what you mean! You don't write essay's in court. You might write motions, petitions, oposition to motions or petitions and many other things. It is important to use the correct terminology if you want to be understood.

You don't have to be Erin Brokivch to file a pro se Chap 7. But you are acting as your own attorney and need to be able to navigate the law and whatever resources are available to a pro se debtor. You don't need to read any case law to figure out how to re oopen a case, but you do have to navigate the rules, including references from one rule to another that sometimes seem to go in circles. It's not easy. It can be frustrating. You need to take advantage of every resource available to you, including the Consumer Pro Se Debtor Guide that the Nebraska Banrkuptcy Court provides.

You said:

In my initial filing, I was under the assumption that the summary of schedules were the schedules for A thru J.

You can't assume anything. Apparenlty you did not make use of the checklist on Page 7 of the Debtor Guide which includes:

Form B6, Summary of Schedules & Statistical Summary of Certain Liabilities and
Related Data (2 pages)

Sounds like your case was dismissed because you did not include Form B6.

If you were unable to file a complete petition with that checklist easily available, you should not be filing pro se.

You say you can't afford an attorney. Why not save money until you can? What is your hurry to file? Does somebody have a judgement against you and is threatening to garnish wages or put a lien on your property?

Have you tried contacting Legal Aid of Nebraska for help? http://www.neequaljustice.org/ApplyforHelp

If you continue on your own, I wouldn't take HHM's bet. If you don't get yourself an attorney, I hope you prove us wrong!

[LadyInTheRed]

You still aren't clearly stating the issue. It sound like you have already filed the motion to reopen the case, but there is a deficiency in that motion. Maybe you didn't file a notice of the motion or didn't file a proof of service. Or maybe you didn't include the resistance date.

RULE 5010-1. REOPENING CASES

A motion to reopen a closed case shall be filed with the Clerk together with the appropriate filing fee, if any. The motion shall state specific facts showing cause for reopening the case and the reasons for such reopening. Notice of the motion shall be provided to any former trustee in the case and the United States Trustee's office. If the case is being reopened to enable movant to file a motion, pleading, document, or adversary proceeding regarding a specific creditor or party, notice shall also be given to that creditor or party. The motion shall inform the parties of the resistance date pursuant to Neb. R. Bankr. P. 9013-1.

From 9013-1:

D. Resistance Date. Unless otherwise ordered or otherwise provided for in a Federal Rule of Bankruptcy Procedure (see, e.g., Fed. R. Bankr. P. 4001(c) and (d) and 2002(b)), upon twenty (20) days notice to creditors and interested parties entitled to notice, the Court will consider ruling on the motion pursuant to subsection I below, unless a written resistance or request for hearing is filed and served on or before the deadline provided in the notice of the motion. If no resistance is timely filed and served, the movant shall submit a detailed order in conformance with Neb. R. Bankr. P. 9072-1, within 30 days after the objection date. The order shall not be submitted until after the resistance date and after movant has confirmed that no resistance is on file. See Neb. R. Bankr. P. 9072-1.

E. Notice. At the time a motion is filed, the moving party shall serve a copy of the motion on and shall provide notice to all parties in interest and those that have requested notice pursuant to Fed. R. Bankr. P. 2002 that this Nebr.R.Bankr.P. 9013-1 applies. The notice shall state the specific calendar date by which any resistance or request for hearing must be filed and served. The calculation of such date shall not include the additional three (3) days permitted under Fed. R. Bankr. P. 9006(f) for service by mail even though the provisions of Fed. R. Bankr. P. 9006(f) shall continue to apply. The notice will be defective if it provides that a resistance or request must be filed within a specified number of days.


F. Proof of Service. Proof of service of the notice and motion shall be filed contemporaneously with the motion. The proof of service shall contain a list of recipients and shall attach a copy of the notice. The proof of service shall be filed as a document separate from the motion.


G. Service on the United States. Notice of a matter concerning an agency of the United States should be served on the United States Attorney General, the United States Attorney for the District of Nebraska and the agency representative at the address reflected in Appendix "B".

Also, did you file your summary of schedules along with the petition? In order to open the case, you may need to cure the deficiency that caused them to dismiss the case. I don't know if that is the proper procedure, do you?

[OhioFiler]

I've been dismissed due to lack of paperwork...my question, if it can be answered, is when one is attempting to re-open their BK case. Here it is, does my essay, the one to be sent to all creditors and turned in to federal court, qualify as the form that pertains to NE rule 4001-1 or is there another form to be filled out as well? I have searched everywhere and can't afford a lawyer. Any help on this easy yes or no question would be greatly appreciated.

Sadly, your question can not be answered. There are no essays in a bankruptcy filing. Can you cut and paste the ACTUAL wording of the motion filed?

[ValleYum]

Anyone want to bet money the OP never gets the BK discharge

As much as I tend to be the forum Pollyanna, I sadly would would have to bet that the OP will not get a pro se discharge.

[HHM]

Anyone want to bet money the OP never gets the BK discharge

Maybe the OP will knuckle down and figure it out, but so far, many of the posts simply don't make sense. I empathize with the confusion and uncertainty, but there really is no way we can help since the information provided so far doesn't make sense.

[ValleYum]

Maybe it's just stress, but I do realize that is not an excuse. BK is super stressful, period.

I do have the local rules and this is not a legal question. There is no i.e. case manager involved, hence the "pro se guide" How I understand this is that every person that files BK is assigned to a staff member at their local BK court a.k.a. your "caseworker". You can call and give them your BK Case # and they can connect you to the right person to whom you can ask a PROCEDURAL question since they don't give legal advice.

You also have to understand that all the 2 trustees have been served along with my creditors. Local rule 5010-1 keeps refering back to 4001-1 and which in turn refers me 9013-1 and goes back to 4001-1.

I witnessed my papers being stamped,filed(not scanned).

What does 5010-1 want?

another essay? maybe a petition? I don't know? Any chance you didn't turn in your Proof of Service form along with a list of who all was served? That is in your local rules.

I don't speak latin "despifreya". despritfreya is the screen name for a poster that gave you advice up above in this thread. He is also a BK attorney.

the only only latin I no is Semper Fi

What is NoLoGuide to filing See below for mountanddo's comments and a link!

I know nothing about filing Pro Se, however just reading these forums for about 5 minutes I knew that you shouldn't attempt doing a bankruptcy yourself without this book. I suggest you go buy this book and read it front to back before you continue on.....

Borrow the money if you have to to buy it.

The Nolo Guide to Filing is a book form the Nolo Press called: How to File for Chapter 7 Bankruptcy. It's only $19.99 for an instant PDF download.

Here is the link: http://www.nolo.com/products/how-to-...uptcy-HFB.html

Good luck to you!

[mountanddo]

What is NoLoGuide to filing

I know nothing about filing Pro Se, however just reading these forums for about 5 minutes I knew that you shouldn't attempt doing a bankruptcy yourself without this book. I suggest you go buy this book and read it front to back before you continue on.....

Borrow the money if you have to to buy it.

[tonyjablonsk]

my whole guide is full off notes, like a used college book

[tonyjablonsk]

guess what just broke

I am broke

[tonyjablonsk]

Maybe it's just stress, but I do realize that is not an excuse.

I do have the local rules and this is not a legal question. There is no i.e. case manager involved, hence the "pro se guide"

my procederial question is simple1)be confused (2) don't ask ?'s (3) pay $ you don't have...
You have to understand all my filing fees have been waived along with the re-filing fee waiver. I don't have the money.

You also have to understand that all the 2 trustees have been served along with my creditors. Local rule 5010-1 keeps refering back to 4001-1 and which in turn refers me 9013-1 and goes back to 4001-1.

I witnessed my papers being stamped,filed(not scanned).

What does 5010-1 want?

another essay? maybe a petition? I don't know?

I don't speak latin "despifreya".

the only only latin I no is Semper Fi

What is NoLoGuide to filing

[justbroke]

Whenever there's a Federal Rules of Bankruptcy Procedure (FRBP) number followed by a "dash" (-) and a number, that means it's a Local Rule. You need to check your Local Rules! Local Rules for Nebraska are here. The problem is that no one can help you through the legal questions, but "procedurally" you should be able to call your Case Manager and ask a procedural question.

The procedural question should ALWAYS start with "I have a procedural question". You should ask what is required to be filed on a case re-opening. I looked at (Nebraska) Local Rule 5010-1 and it clearly states what is necessary;

• Perhaps you didn't pay the $260 re-filing fee
• Perhaps you didn't file a Motion to Re-Open clearly articulating "cause" for re-opening. (So far, this case has cost you at least $560 ($299 + $260).)
• Perhaps you didn't serve the United States Trustee and the prior Trustee?

I don't know how you can write that you did file correctly, when you state that you also received some sort of deficiency under Local Rule 5010-1. The court will almost always "accept" papers filed, stamp them, and then scan and enter them on the docket. That's not the same thing as having them right.

Personally, I think you're drowning in procedure. Did you at least have and read the NoLo Guidebook to Filing Chapter 7 before you filed? Paperwork deficiencies can get expensive and can lead to some serious issues. Additionally, Desprifreya was nice to mention the "first day" motions as well (as in the Motion to Extend the Automatic Stay).

Like it or not, you need to be an attorney now.

[tonyjablonsk]

how many "in re: jane doe" do I have to thumb through to find a case that pertains to not just mine but others without becoming a lawyer. It's as if lawyers write laws to be so complicated:

(1)read intruction manual (2) grab hammer (3) hit self in head.

[tonyjablonsk]

tryed reply fast but getting up and down cooking meals turns off my log-in. Had to rewrite 4 times.

sorry

[tonyjablonsk]

In regard to your immediate response, it is greatly appreciated. I have done my homework and according to the courts I did file correctly under chapter 7 to re-open, but I am still missing some paperwork. Hoops!!!...always hoops...

Some background pertaining to why I filed would be cause to some overwhelming medical bills. Yes, I do thank the doctors and surgeons of which whom helped me. I understand why some would assume that others would and will take advantage of the system, but there are some cases in which some do need relief. I'm not asking for a handout or a coach, just some direction to find the info that I need without feeling like Erin Brochavich.

In my initial filing, I was under the assumption that the summary of schedules were the schedules for A thru J. Those schedules were filed today along with my petitions to the creditors and certificate of services to the court. Now, what the courts tell me is that I'm missing paperwork that pertains to "rule 5010-1 reopening cases". I am unable to find what they ask for.

I can search and search and may get lucky in 5 min. or drown in meaningless cases of references that has nothing to do with "my hoop". I'm not a lawer(can't afford one) and not a college grad(didn't go), just a simple nudge to the correct link would be of help.

[despritfreya]

I am not exactly sure what OP is asking, however, if the case was dismissed due to some document, schedule, statement not being filed he can file a Motion to Reinstate AFTER all of the missing documents have been properly filed. This is done all the time and is not a big deal, although, the longer one waits the less likelihood the Motion will be granted. Filing a new case is not recommended unless OP hires an attny as the second filing will require a Motion to Extend the Automatic Stay beyond 30 days.

Since OP cannot afford an attny he should contact the bk court to see if it has a "self help" center - in addition to doing a lot more research on what is required.

http://www.neb.uscourts.gov/

Des.