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Unique dismissal problem
Just wanted to report to y'all, especially anyone new who read my saga and
thought "Good Lord, either that woman is crazy or this system is completely
a mess!" -- this is what happened.
Yesterday I called Nancy Curry's office and talked to a person there who was
really sick with a head cold. Despite barely being able to talk, he
understood immediately the problem and said to call the clerk of the
department and they would fix it.
I called the chambers and started to explain but was forwarded to someone
else -- I just left a mesage. Never heard back.
This morning, I opened up the ECF email in trepidation -- BOOM! The case
has been reinstated and Nancy Curry's office has already sent out order with
new dates of 341, etc.
THANK YOU to the list folks for giving me advice to keep me sane when I was
climbing the walls. Keep up the good work, people!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
2010/1/6 David A. Tilem
>
>
> Call Nancy. Ask if she will do a stip to vacate Order dismissing case.
>
>
> *David A. Tilem*
> Certified Bankruptcy Specialist** *
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Amy Clark
> *Sent:* Wednesday, January 06, 2010 8:28 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Unique dismissal problem
>
>
>
> OK, OK, I sound like a client, thinking my petty problems are unique...(jk)
>
> Seriously though, this is sanity-damaging.
>
> In December, a Chapter 13 case I had was suddenly dismissed --
> according to the order, I had filed some paperwork late. Based on
> advice here, I told my clients we would refile. However, because of
> the holidays they were out of town and did not have their paystubs so
> we decided to catch up in January.
>
> AFTER dismissal, my clients did not attend their 341 meeting (My
> advice -- seemed obvious to me.) Nancy Curry filed a Declaration of
> Non-appearance. However, case was ALREADY DISMISSED so I did not do
> anything at that time.
>
> TODAY -- I get ECF email. Activity in this case
>
> (1) Case reinstated -- dismissal was due to clerical error (!!)
>
> (2) Case dismissed again WITH A 180 DAY BAR due to failure to attend
> the 341 (which would have been the first 341 anyways).
>
> HELP! I can't even get the clerk's number this morning.
>
> I also cannot find any authority (statute) one way or the other on
> attending a 341 when your case has been dismissed.
>
> -- Amy Kleinpeter
>
> -- Amy Clark Kleinpeter
>
> 1489 E. Colorado Blvd. #207
> Pasadena, CA 91106
> (626) 507-8090
>
> "Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
> slate."
>
> "Like the witness protection program!"
>
> "Exactly."
>
>
Just wanted to report to y'all, especially anyone new who read my saga and thought "Good Lord, either that woman is crazy or this system is completely a mess!" -- this is what happened.Yesterday I called Nancy Curry's office and talked to a person there who was really sick with a head cold. Despite barely being able to talk, he understood immediately the problem and said to call the clerk of the department and they would fix it.
I called the chambers and started to explain but was forwarded to someone else -- I just left a mesage. Never heard back.This morning, I opened up the ECF email in trepidation -- BOOM! The case has been reinstated and Nancy Curry's office has already sent out order with new dates of 341, etc.
THANK YOU to the list folks for giving me advice to keep me sane when I was climbing the walls. Keep up the good work, people!
The post was migrated from Yahoo.
Amy,
These kinds of facts appear daunting, but realize 180 day bar only means you have to move for permission to refile. What judge would not give you permission on these facts?
If Nancy says no, just file a motion to Reopen, if that fails, a motion to allow a second filing.
One of the three will work.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 6, 2010, at 8:43 AM, "David A. Tilem" wrote:
Call Nancy. Ask if she will do a stip to vacate Order dismissing case.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
on
my Clark
Sent: Wednesday, January 06, 2010 8:28 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Unique dismissal problem
OK, OK, I sound like a client, thinking my petty problems are unique...(jk)
Seriously though, this is sanity-damaging.
In December, a Chapter 13 case I had was suddenly dismissed --
according to the order, I had filed some paperwork late. Based on
advice here, I told my clients we would refile. However, because of
the holidays they were out of town and did not have their paystubs so
we decided to catch up in January.
AFTER dismissal, my clients did not attend their 341 meeting (My
advice -- seemed obvious to me.) Nancy Curry filed a Declaration of
Non-appearance. However, case was ALREADY DISMISSED so I did not do
anything at that time.
TODAY -- I get ECF email. Activity in this case
(1) Case reinstated -- dismissal was due to clerical error (!!)
(2) Case dismissed again WITH A 180 DAY BAR due to failure to attend
the 341 (which would have been the first 341 anyways).
HELP! I can't even get the clerk's number this morning.
I also cannot find any authority (statute) one way or the other on
attending a 341 when your case has been dismissed.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
Amy,These kinds of facts appear daunting, but realize 180 day bar only means you have to move for permission to refile. What judge would not give you permission on these facts?If Nancy says no, just file a motion to Reopen, if that fails, a motion to allow a second filing.One of the three will work.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 6, 2010, at 8:43 AM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
Call Nancy. Ask if
she will do a stip to vacate Order dismissing case.
David A.
Tilem
The post was migrated from Yahoo.
charset="windows-1251"
Call Nancy. Ask if she will do a stip to vacate Order dismissing case.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Amy Clark
Sent: Wednesday, January 06, 2010 8:28 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Unique dismissal problem
OK, OK, I sound like a client, thinking my petty problems are unique...(jk)
Seriously though, this is sanity-damaging.
In December, a Chapter 13 case I had was suddenly dismissed --
according to the order, I had filed some paperwork late. Based on
advice here, I told my clients we would refile. However, because of
the holidays they were out of town and did not have their paystubs so
we decided to catch up in January.
AFTER dismissal, my clients did not attend their 341 meeting (My
advice -- seemed obvious to me.) Nancy Curry filed a Declaration of
Non-appearance. However, case was ALREADY DISMISSED so I did not do
anything at that time.
TODAY -- I get ECF email. Activity in this case
(1) Case reinstated -- dismissal was due to clerical error (!!)
(2) Case dismissed again WITH A 180 DAY BAR due to failure to attend
the 341 (which would have been the first 341 anyways).
HELP! I can't even get the clerk's number this morning.
I also cannot find any authority (statute) one way or the other on
attending a 341 when your case has been dismissed.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
charset="windows-1251"
Message
Call Nancy. Ask if
she will do a stip to vacate Order dismissing case.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
OK, OK, I sound like a client, thinking my petty problems are unique...(jk)
Seriously though, this is sanity-damaging.
In December, a Chapter 13 case I had was suddenly dismissed --
according to the order, I had filed some paperwork late. Based on
advice here, I told my clients we would refile. However, because of
the holidays they were out of town and did not have their paystubs so
we decided to catch up in January.
AFTER dismissal, my clients did not attend their 341 meeting (My
advice -- seemed obvious to me.) Nancy Curry filed a Declaration of
Non-appearance. However, case was ALREADY DISMISSED so I did not do
anything at that time.
TODAY -- I get ECF email. Activity in this case
(1) Case reinstated -- dismissal was due to clerical error (!!)
(2) Case dismissed again WITH A 180 DAY BAR due to failure to attend
the 341 (which would have been the first 341 anyways).
HELP! I can't even get the clerk's number this morning.
I also cannot find any authority (statute) one way or the other on
attending a 341 when your case has been dismissed.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
The post was migrated from Yahoo.