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DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 431
Experience:  Attorney at Drake Law Firm PLC
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I just need a sample of P's and A's motion to vacate a

Customer Question

Hi. I just need a sample of P's and A's for a motion to vacate a dismissal based on excusable neglect due to deaths of mother and brother in same month and hospitalization.
JA: OK. The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not for this. I am a lawyer myself. I just want to avoid having to do a lot of research.
JA: Is there anything else important you think the Bankruptcy Lawyer should know?
Customer: Just that my BK was dismissed around March 15th for being late in filing the rest of my papers after filing emergency docs to stop a foreclosure sale. My mom and brother had died in February and I was hospitalized in April for high blood pressure due to excessive stress.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Bankruptcy Law
Expert:  DrakeLAW replied 6 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

What do you mean by P's and A's. All you need to do is file a Motion to Reinstate Case and describe all those issues and the court should reinstate. You should file the documents that you were required to file that led to the dismissal along with the Motion to Reinstate and reference in the motion that you did so. Was there something else specifically you were looking for?

Customer: replied 6 months ago.
P's and A's are points and authorities. It always helps to have legal points such as rationale for being late and legal authorities that support the points. such as statutes and excerpts from cases as the authorities.
Expert:  DrakeLAW replied 6 months ago.

You really dont need points and authorities for a motion to reinstate. Just ask that the case be reinstated pursuant to 11 U.S.C. Sec. 105 which is the broad equitable powers of the court. There is no specific rule regarding reinstatement. It is more important to give the facts and you don't need excruciating detail for that either. The biggest thing the court will want is to see that the documents that were missing have been filed.

Thank you for your question. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism, there is no charge for follow-up questions. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich

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