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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37812
Experience:  Retired (mostly)
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I along with many others received the dreaded Chapter 7 case

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I along with many others received the dreaded Chapter 7 case closed without discharge because the form 23 was not filed. I actually had completed the final course within 1 week of the hearing (have dated copies of Certification). But assumed wrongly that Debtorwise would e-file the certificates with the court. I am no longer living in the US & have my mails sent to a friend who overlooked the letter from the BK court stating that a signature for completion was missing. I contacted my paralegal who was not much help & I called the court (Santa Ana, CA). I was told to send in Form 5010-1.1m along with $260& the Judge may or may not decide to reopen the case & discharge the debt. I will be sending the copies of the certificates, the signed b23 form, a letter of explanation along with the motion to reopen forms. But it is the last page, proof of service document I don't understand. I have to send all my paperwork to a friend in California so she can get the Postal money order then forward everything to Santa Ana, would I put her name down as she will be mailing all the paperwork for me in the end?

The person who serves/mails the motion to reopen is the person who signs, dates and prints their name on the proof of service. That person must be at least 18 years of age and not a party to the bankruptcy case.

The motion must be served on/mailed to any former bankruptcy trustee in the case and the U.S. Trustee -- as well as being filed with the court. See Rule 5010-1. Also be aware of Rule 5005-2, re filing documents, copies for the judge, etc.

Hope this helps.
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