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I received notice from the Trustee of an "Order Striking…

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I received notice from the...
I received notice from the Trustee of an "Order Striking Filing For Failure To Comply With Required Procedures".I believe the problem is with a creditor who had an undeliverable address, however, I have found out that they have gone out of business and no further information can be obtained.What can I do and/or how should I respond to this.
Submitted: 1 year ago.Category: Bankruptcy Law
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Answered in 8 minutes by:
2/15/2017
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

I need to better understand what is happening. Can you attach a copy of what you received?

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Customer reply replied 1 year ago
ok, let me scan & send it . give me a couple of minutes.
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

Great

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Customer reply replied 1 year ago
Here it is
Customer reply replied 1 year ago
1) I filed a bare bones filing on Jan 5th.2) I filed supporting docs on Jan 19 (which included an amended matrix that removed NowCow Car Sales and added two additional creditors3) I cured the deficiency and pay the amended filing fee on Feb. 2nd
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

I see that. And did you file the Certificate of Service?

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Customer reply replied 1 year ago
I filed the COS on 1.19.17. See page 6 of the docs I sent
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

I agree. I am stumped as well. I think you should call the trustee's office.

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Customer reply replied 1 year ago
Good to know as I was totally confused.Please clarify for me the action that he has taken. I do not understand what is meant by my filing is stricken
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

It means that it is removed as if it was never filed. So it is as if Doc. 13 has never been filed.

Well hang on, they are referring to Doc. No. 13 and the docs you gave don't have the filing numbers on them. Can you tell me which one is Doc. 13?

Is it because you were supposed to file that Cert of Service with that longer list of creditors? Dated Jan 18, 2017. I notice that one is not signed.

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Customer reply replied 1 year ago
The one i filed was signed. This is my file copy and I did not sign that one.Doc 13 is the amended matrix and cos, i believe.
Customer reply replied 1 year ago
I have to step out to Dr. appt. I can resume later today, after 4.
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

Ok, so how many amendments to the matrix did you file? It looks like you did two of them to me.

Alright, I will be here when you are ready.

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Customer reply replied 1 year ago
Just 1 amendment and a 2nd cos to the creditors added on 1.19.17.i sent the 2nd cos because I wasn't sure what the trustee was asking for. So to be on the safe side I sent the 2nd COS
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

I looked up your case and there is no record of the COS being filed.

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Customer reply replied 1 year ago
Don't know how that happened. I had an original and a copy. I signed/filed original and kept copy.What are my options now?
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

Right. That is very strange. But that is clearly the problem. From the Trustee's perspective, the COS was never filed.

Just re-file the the Amendment (which is Doc. 13) and file the Cert of Service and change the date.

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Customer reply replied 1 year ago
Ok, I'm heading to the court now to file the COS & Amended Matrix. I will also include the fee for the amendment just to be on the safe side.
Customer reply replied 1 year ago
I did change the date to today, however, the meeting of the creditors was last week. I did attend that meeting.
Bankruptcy Lawyer: DrakeLAW, Attorney replied 1 year ago

Well, schedules can be amended after the meeting of creditors, so it is a little strange that you need to send that in your District, but just do it I guess. Most important thing is they get notice of the case. Yes, either pay the fee again or talk to the clerk and tell them the first one was stricken and so you are just re-filing it and maybe you don't have to pay again.

Pat attention to what happens with it and come back and ask a question if you want down the road if there is a problem.

Good luck!

Please kindly rate the question so I may be credited. Thank you.

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