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  1. #1
    Join Date
    Feb 2012
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    2

    Default Chapter 7 Motion to Reinstate

    My question involves bankruptcy in the state of: California

    I filed for chapter 7 bankruptcy in December 2011. The case was continued 3 times by the trustee, the last time being until February 7th. I spoke to my attorney on February 3rd, and asked them to let me know whether the case was again going to be continued or whether we would be ready to proceed. I never heard back from my attorney until yesterday (Feb 27th) afternoon when they left me a message asking me about the Debtor Education certificate. I took the course online last night and got the certificate and e-mailed it to my attorney today. I just received a phone call letting me know that my case has been dismissed (as of February 24th) because the Debtor Education certificate was not submitted on time. My attorney let me know that I would need to complete the course when I first filed, but did not give me a time line to complete it, nor mentioned it again when I spoke to his office. His office let me know that I could refile the case, but I have to pay the court's filing fee as well as his office's fee. I am arguing with them that I should not have to pay the fees, but I also need to get this taken care of as soon as possible. I'm not sure what my next move should be to ensure that my bankruptcy is properly discharged. Thank you

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Chapter 7 Motion to Reinstate

    Your case was dismissed by the court, so either you successfully convince your lawyer to cover the fee, go through fee arbitration and see if and when you get and award, or come up with the money to get your case reinstated.

    Does your lawyer agree with you, that you were never informed of a deadline for completion? It was not previously explained to you that your lawyer needed the certificate or why, or perhaps that the adjournments were due to its unavailability?

  3. #3
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Chapter 7 Motion to Reinstate

    My lawyer's paralegal insists that she explained the deadline to me, but all she said was that it needed to be done before the discharge occurred (without specifying any exact timeline for that to happen). She didn't explain that there was a timeline from the time of the first Meeting of the Creditors. I wasn't informed by the lawyer's office that there was a time limit that did not change even with the several continuances. It seems to me that they weren't following my case closely to see if the trustee was finished review my file. I received a phone call on Monday asking me for the certificate. I e-mailed it to their office on Tuesday. Tuesday afternoon I received the phone call telling me that the case was closed as of last Friday. If their office was being diligent, wouldn't they have known that the case had already been closed by the trustee?

    From what I have now read, my case wasn't actually dismissed, but closed due to not filing Form 23. It is now my understanding that a Motion to Reopen the case will have to be filed with the Form 23 attached. It said that often the judge will sign off on it if that is all that prevented the case from being discharged. Is that correct?

    I guess for now, I'll need to pay whatever fee to complete the bankruptcy. Is fee arbitration something I can do after the bankruptcy is complete?

    Thank you in advance.

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