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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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I received a San Diego Bankruptcy court CSD 1241 Order Dismissing

Resolved Question:

I received a San Diego Bankruptcy court CSD 1241 "Order Dismissing Case Without Prejudice" stating the following:

"It appearing from the Court records for the above-entitled Chapter 7 that the debtor(s) has failed to file or move for the extension of time to file the document(s) below and in the Court's Notice of Missing Schedules(c), Chapter 13 plan, and/or Related Documents within the time permitted.
    - Schedules and/or Statements

Therefore and for good cause showing,
It is hereby ordered and adjudged that:
1) The above-entitled case is dismissed without prejudice
2) All related adversary proceeding which are pending are also dismissed subject to the provisions of Bankruptcy Local Rule 7041-3
3) All stays now in effect for this case are vacated."

on 7/14/09 the clerk sent me a message stating that I was missing the "signature page for the schedules, summary of schedules, and statistical summary" and to serve one to the court and trustee within 15 days, which I did. What now?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 5 years ago.

It appears that somehow those did not get filed in time. In any case, now that the BK court has dismissed your case, all you need to do is take copies of everything and refile the BK. You may want to meet with the trustee and see what exactly wnet wrong before you refile.

 

 

JA experts are not permitted to have outside communications with JA customers. However, you may be able to find an attorney to assist you in your area by going to http://www.lawyers.com/ or http://www.martindale.com/.

 

Please click "ACCEPT" so I may get credit for my time. If you have a couple of follow-up questions I would be happy to address them for you after that at no additional charge.

Customer: replied 5 years ago.

Well, I mailed out the proper documentation to the court and trustee on 07/20 as requested after recieving the letter from the county clerk on 07/15. The meeting with the creditors was scheduled for 8/15. Perhaps it didn't have time to be processed.

 

Should I call the trustee and ask what happened or send a letter of some sort?

Expert:  Maverick replied 5 years ago.

I would call and send the letter. What you are looking to find out is what the deadline to file the schedules was and then compare that to the date your schedules actually got filed.

 

If you find out that your schedules got filed before the deadline for when they were due, then either the court has made a mistake or you are still missing a document that needs to be filed.

Customer: replied 5 years ago.
The deadline was 07/31, 15 days before the creditor meeting with the trustee. I sent the documentation via mail on 07/20 to the court & trustee. In terms of when it actually got filed by the county clerk, if at all, would I need to go to the courthouse to find that out?

Additionally, should I just call the trustee to look up my case file or ask if he's recieved my letter containing the documentation? I'm a little merky in terms of what information I should be gathering now that the case has been dismissed that would be helpful. I assume that now that the case has been filed that both the court and trustee will discard that which I sent.
Expert:  Maverick replied 5 years ago.

Go to the BK clerk's office or call and ask them if (and when) the documents you mailed on the 20th got filed. Once you get this information, if you find that the documents you mailed on the 20th actually were file stamped before 7/31, then call the trustee to find out what went wrong.

 

Hopefully you kept copies of everything that you have filed. If you find that your documents did not get filed on or before 7/31, then you will have to refile the entire case, meaning you will need to pay another filing fee and file every document you filed in the previous case all over again.

 

 

 

 

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and other Bankruptcy Law Specialists are ready to help you

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