batorideikou
Junior Member
What is the name of your state? Pennsylvania
I've been trying to reopen my chapter 7 bankruptcy case to file my Form 23, the proof of debtor education certificate, that my attorney failed to notify me in ample enough time had to be filed. I obtained the certificate in a timely manner, however not timely enough as my attorney didn't really give a fig to get the time extension he promised to get after he had received his money (Which would probably also explain their lack of caring whether I took the class on time and why they didn't call in a timely manner to tell me, either). At any rate, I had received this sample document, and had tailored it to my case. However I had a return request saying that it did not conform to the Bankruptcy Code local or federal or some such in one way or another, but it also said it was not signed (my error). There is another post under my name that gives what this says verbatim at: https://forum.freeadvice.com/showthread.php?t=371613 I then received a letter of "Official Business" in the mail today with a "Certificate of Service", where I'm marked as the debtor, but for some reason they seem to be treating me as Counsel?! It came with a letter "Order Setting Date Certain For Response And Hearing On Motion", as well, something about sending a response to the court, scheduling a hearing, and trustees, and all I want to do is file this damned form and get on with my life! I'm happy to pay the filing fee to reopen, but as far as all of this business is concerned, I'm not going to pay $260 for something that I have no idea what's going on with the process. Is the court under the impression that I am the Counsel that's representing me, and not me, the debtor? Here's the document I filed, of which the last part I didn't even see that I was supposed to fill in the names of trustees and such (of which I also have no idea what that is about, it was included in the sample doc, hence the parenthetical parts, but hell if I even know what a trustee is let alone what names to list in relevance to my case, and "serving" anyone):
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF PENNSYLVANIA
In Re: : Case No. 06-20695-MBM
: Chapter 7
: Judge M. Bruce McCullough
SSN: :
:
:
Debtor(s) :
MOTION TO REOPEN CHAPTER 7 CASE
Now comes Bradley David Kruth, Debtor, who respectfully moves the Court to issue an Order reopening his Chapter 7 case so that the Debtor may bring an action to determine the dischargeability of his debts. This Motion is brought pursuant to Section 350 of the Bankruptcy Code, Bankruptcy Rule 5010 and Local Bankruptcy Rule of Procedure 5010-1.
Respectfully submitted,
MEMORANDUM IN SUPPORT OF MOTION
The Debtor filed the above-captioned case in the month of May, 2006. At the time the Debtor believed that at the time this bankruptcy was filed that these debts qualified for discharge under Section 727 of the Code and that these claims did not fall under the exception to discharge contained in Section 523 of the Code.
A dispute has arisen between the Debtor and the companies and individuals listed as being the holders of these debts claims scheduled in his bankruptcy. The Debtor desires to have the Court reopen his case and have the Court determine whether or not these debts were in fact discharged.
The Debtor anticipates that within twenty (20) days from the date of the Order reopening the case that he will file an adversary action with the Court seeking the determination of the dischargabilities of the above-referenced claims.
The Debtor does not believe that it will be necessary to reappoint a Trustee in this case since there are no property rights of the Debtor or the estate which will require further administration.
WHEREFORE the Debtor respectfully moves the Court to issue an Order reopening his bankruptcy case.
Respectfully submitted,
20 DAY NOTICE
If an objection or pleading is not filed with the Bankruptcy Clerk within twenty (20) days of service of this Notice upon you, I will present for the Court’s approval an Order granting the relief requested.
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing was served upon (Trustee's name and address goes here); (other parties of interest and their attorney's name and address goes here) U. S. Trustee, (address of your local U.S. Trustee); this the 9th day of April, 2007, by regular, postage pre-paid, U.S. Mail.
________________________________
Obviously I've removed all of my vital information from this, but it's basically all there.
ANY clarity at all regarding any of this would be GREATLY appreciated. Even if it means restarting the whole process, as no money has changed hands yet. Thanks.
I've been trying to reopen my chapter 7 bankruptcy case to file my Form 23, the proof of debtor education certificate, that my attorney failed to notify me in ample enough time had to be filed. I obtained the certificate in a timely manner, however not timely enough as my attorney didn't really give a fig to get the time extension he promised to get after he had received his money (Which would probably also explain their lack of caring whether I took the class on time and why they didn't call in a timely manner to tell me, either). At any rate, I had received this sample document, and had tailored it to my case. However I had a return request saying that it did not conform to the Bankruptcy Code local or federal or some such in one way or another, but it also said it was not signed (my error). There is another post under my name that gives what this says verbatim at: https://forum.freeadvice.com/showthread.php?t=371613 I then received a letter of "Official Business" in the mail today with a "Certificate of Service", where I'm marked as the debtor, but for some reason they seem to be treating me as Counsel?! It came with a letter "Order Setting Date Certain For Response And Hearing On Motion", as well, something about sending a response to the court, scheduling a hearing, and trustees, and all I want to do is file this damned form and get on with my life! I'm happy to pay the filing fee to reopen, but as far as all of this business is concerned, I'm not going to pay $260 for something that I have no idea what's going on with the process. Is the court under the impression that I am the Counsel that's representing me, and not me, the debtor? Here's the document I filed, of which the last part I didn't even see that I was supposed to fill in the names of trustees and such (of which I also have no idea what that is about, it was included in the sample doc, hence the parenthetical parts, but hell if I even know what a trustee is let alone what names to list in relevance to my case, and "serving" anyone):
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF PENNSYLVANIA
In Re: : Case No. 06-20695-MBM
: Chapter 7
: Judge M. Bruce McCullough
SSN: :
:
:
Debtor(s) :
MOTION TO REOPEN CHAPTER 7 CASE
Now comes Bradley David Kruth, Debtor, who respectfully moves the Court to issue an Order reopening his Chapter 7 case so that the Debtor may bring an action to determine the dischargeability of his debts. This Motion is brought pursuant to Section 350 of the Bankruptcy Code, Bankruptcy Rule 5010 and Local Bankruptcy Rule of Procedure 5010-1.
Respectfully submitted,
Name
Address
Phone
Address
Phone
MEMORANDUM IN SUPPORT OF MOTION
The Debtor filed the above-captioned case in the month of May, 2006. At the time the Debtor believed that at the time this bankruptcy was filed that these debts qualified for discharge under Section 727 of the Code and that these claims did not fall under the exception to discharge contained in Section 523 of the Code.
A dispute has arisen between the Debtor and the companies and individuals listed as being the holders of these debts claims scheduled in his bankruptcy. The Debtor desires to have the Court reopen his case and have the Court determine whether or not these debts were in fact discharged.
The Debtor anticipates that within twenty (20) days from the date of the Order reopening the case that he will file an adversary action with the Court seeking the determination of the dischargabilities of the above-referenced claims.
The Debtor does not believe that it will be necessary to reappoint a Trustee in this case since there are no property rights of the Debtor or the estate which will require further administration.
WHEREFORE the Debtor respectfully moves the Court to issue an Order reopening his bankruptcy case.
Respectfully submitted,
Name
Address
Phone
Address
Phone
20 DAY NOTICE
If an objection or pleading is not filed with the Bankruptcy Clerk within twenty (20) days of service of this Notice upon you, I will present for the Court’s approval an Order granting the relief requested.
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing was served upon (Trustee's name and address goes here); (other parties of interest and their attorney's name and address goes here) U. S. Trustee, (address of your local U.S. Trustee); this the 9th day of April, 2007, by regular, postage pre-paid, U.S. Mail.
________________________________
Obviously I've removed all of my vital information from this, but it's basically all there.
ANY clarity at all regarding any of this would be GREATLY appreciated. Even if it means restarting the whole process, as no money has changed hands yet. Thanks.