Unique dismissal problem
Posted: Thu Jan 07, 2010 8:09 am
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.