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Why do I need to file the Order to reopen my chapter 7 case if I just filed motion to Vacate dismissal and reinstate?

El Cajon, CA |

I filed a motion to 'Vacate Dismissal Order and Reinstate Chapter 7 Case' My case worker sent me this email:
"I received your Motion to Vacate Dismissal, however, I don't see the
Order for either Motion to Reopen or Vacate Dismissal.... Please file
the ... I've attached the pdf for both orders, please fill out and file
with the Court... Thank you!(See attached file: csd1490.pdf)(See attached
file: csd1001a.pdf)"

...??? Why do I also need to fill out the 'Order'? Is this just the courts way of making me do the paperwork for them?....is this just how it works?

..yes...clearly I'm representing myself. :-)

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Attorney answers 4

Posted

Even if an order of dismissal is entered, the court later closes a case. When closed it is done until a motion to reopen it. So if in fact closed, you cannot file a motion as there is not "
open" case top file a motion in and hence the need to file a motion to reopen and pay the filing fee to reopen the case! It is obvious you are being your own attorney and hence the problem...you don't know the law but are trying to practice it. If you want to do that, you must learn the law, the rules, the local rules and then file accordingly and hence my final advice: find an attorney who practices bankruptcy law for a living and follow their advice on whatever it is you are trying to do or other options you may not be aware of.

Posted

Compliance with the technical rules of procedure in the federal courts is critical. It is often confusing. Talk to a bankruptcy attorney for some help.

Posted

You need to prepare the order because this is the type of order that the court does not have a form order for. If you had an attorney, your attorney would have to prepare the order so you are not being picked on because you are pro se.

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Posted

Your question is akin to: how do I practice bankruptcy law? Each question you ask will lead to another as you will likely continue to stumble through the process. You're not really saving money by representing yourself if there is a bad outcome.

Clearly, you have not read the local rules which require that you submit a proposed order for the court to edit or sign. A BK attorney would write one up and upload it directly through the court's website.

If you are going to act as your own attorney, at least read the up on the basics...otherwise you likely experience a bad outcome. Better yet-hire an experienced bankruptcy attorney and eliminate the risk of more errors and the likelihood of a bad outcome.