Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Sorry to see that you have run in to such trouble.
What is the reason the case was dismissed?
Once dismissed,(or closed without discharge) a case can be reopened ($260 court fee).
You should talk to your attorney, or call the bankruptcy court clerk to see why the case was dismissed/closed without discharge.
If the attorney made a mistake, then they should cover the cost to fix the problem.
If the case was dismissed for other reasons, work with the attorney to reach a compromise to resolve the matter.
If you wish to do it without your lawyer, you can, or you can even hire another attorney to assist you.
Keep in mind, to reopen a closed case, it is $260 to the court for their fee, on top of anything the attorney would charge you.
Let me know the reason for dismissal, and I can give you further guidance.
The dismisal was for the credit counseling certificate part 1 not being forwarded to the court and I just found out also for two pay stubs just prior to filing not being sent to the court. In both cases (certificate was sent to him by me and Debtorwise) the documentation was provided to the attorney but they didn't get them off to the court. After getting 2 dismisal notices I was concerned whether there were 2 seperate issues or it was just a duplicate... and I was told in an email there was no issue the case was back on.
I emailed every time I had a concern and was told nothing to worry about.. you're good to go and like I said sent a letter saying they were enclosing a discharge that I now find never existed.
I see. so, if you can show that you had the certificate with your lawyer when they filed, the court should reopen the case no problem to get the certificate on file. If must have been completed before the case was filed. Also, if you had given your attorney the stubs, and they failed to get them to the trustee, you can argue just that in the motion to reopen the case to enter the cert and the stubs for your trustee. If the attorney had them and didn't do their job, you need to hold them accountable...and if they refuse, then you can file a complaint with the disciplinary committee in your state.
Either way it will cost $260 to reopen the case, and it sounds like your attorney should pay...they should have known that the certificate is needed, and when they got the first notice, they should have taken steps to correct the mistake.
The court will give you leniency if you do it on your own if the attorney messed up. They may even disgorge some attorneys fees and give them back to you! You should ask!
Let me know if you have any other questions. thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).