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Trying to file a motion to vacate dismissal for bankruptcy…

Customer Question
Hello trying to file...

Hello trying to file a motion to vacate dismissal for bankruptcy due to missing paper work financial management class and missing hearing due to sons illlness

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

No I only filed my bankruptcy in the federal court building

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No mam

Submitted: 3 months ago.Category: Bankruptcy Law
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Answered in 1 day by:
3/12/2018
Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,958
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

thank you for your question. So, your case would close without discharge if you didn't file the financial management course certificate (2nd course) and signature page before the discharge date. (if the case was dismissed for failure to submit the credit counseling certificate (1st course) you are out of luck if you didn't take it before filing. if you just didn't file it, although you took it in the 6 months before filing, you can file a motion to reopen the case, vacate dismissal in order to enter a valid certificate. ).

if the trustee moved to dismiss your case for failure to attend the 341 date, you will have a harder time. You would have to pay the court fee to reopen the case, and file a motion to vacate and will have to explain why you were unable to attend the 341 hearing and explain why you did not attend the motion to dismiss. You can try, but the court might say no if they feel the reasons are not adequate enough, or if the time to address these issues was the motion to dismiss. You could also file a new case as well, since the filing fee is about the same either way.

Let me know what questions you have.

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Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago

good morning. I'm following up with you. If satisfied, please click accept and rate my answer so I may get credit for answering. thanks. If you have any further questions, let me know.

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Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago

following up, do you have any other questions? let me know.

if not, it was a pleasure to assist you. if you could rate my answer, I'll get credit for answering, click accept below and then you can rate me. thanks! Terry

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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).

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