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Vacating a dismissal=20
Thanks. Is the judge likely to say that FRCP does not apply to bankruptcy cases, except as ratified in the FRBP?- John D. Faucher
On Tuesday, June 13, 2017 12:55 PM, "Havkin Stella havkinlaw@earthlink.net [cdcbaa]" wrote:
FRCP Rule 60 or 54 to vacate an order of dismissal. Once it is vacated, the whole case comes back.
Sent: Jun 13, 2017 12:49 PM
To: CDCBAA List Serve
Subject: [cdcbaa] Vacating a dismissal
mine taxes and object to the IRS claim.Because the claim hasn't been resolved, confirmation has been continued five times.For the fifth time, I forgot to get a continuance, didn't show up, and got the underlying case dismissed. I immediately filed a motion under LBR 1017-2(c) to vacate the dismissal.The judge denied the vacation of the dismissal, saying that 1017-2(c) relates to not showing up at a section 341 meeting or not filing a document, and that's not why this case was dismissed (the order gives no reasons, but issued the day after the missed confirmation hearing). vacate the dismissal or reinstate the bankruptcy case, asking for the court to exercise equitable powers under 105?2. Do I refile the underlying case, and if so, can I associate the existing adversary proceeding with the new case, or do I need to refile that adversary proceeding too?3. Will the adversary necessarily be dismissed as well? If not, should I do nothing with the underlying case and merely prosecute the adversary? The debtor can live outside of bankruptcy so long as the IRS is kept at bay. Thanks for any insight provided here.- John D. Faucher818/889-8080
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