How can I reinstate my Chapter 7 case after it was dismissed because I took the financial counseling 30 days after filing? 11 Answers as of October 16, 2014

I filed an emergency bankruptcy. I had no money at the time and filed a waiver to the filing fee and it was granted. I filed a waiver for the fees but the company never answered me. I was able to borrow the money to pay the fee but it was 30 days after I had filed. I got a letter from the clerk stating if I did not have the certificate and file it by September 26, 2014, my case would be dismissed. I did as they asked and filed the certificate and they dismissed my case anyway. Is there something I can do to get them to vacate the dismissal and reinstate my case? My 14 days are coming near and if there is something I can do, I would like to do it. I am not trying to save any property because I don't have any, I just want to save my utilities because weather is coming and my Social Security check is just enough to pay the rent and small bills. So if there is anything you can tell me that can help me, please let me know quickly. I am a cancer patient and 66 years old, I will not survive a weather on the street. I have no money so please do not tell me to hire a lawyer.

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C Page Hamrick Attorney at Law | C Page Hamrick
You might try filing a motion to reconsider.
Answer Applies to: West Virginia
Replied: 10/16/2014
The bankruptcy code is specific that in order for a person to be a debtor in bankruptcy he must have obtained a debtor counseling certificate within 180 days before filing the bankruptcy petition. You should file another petition and file a waiver of fee as you did before.
Answer Applies to: Minnesota
Replied: 10/16/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You have to file a motion to reopen your case and then file the certificate.
Answer Applies to: New York
Replied: 10/15/2014
Stephens Gourley & Bywater | David A. Stephens
You file a motion to reinstate or reopen. However, it may be easier to just file a new bankruptcy.
Answer Applies to: Nevada
Replied: 10/15/2014
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Perhaps you can get some legal help from Legal Aid. Legal Aid provides legal counseling to the poor and the elderly free of charge. Mistakes like these are why we advise people to get a lawyer. This could have been avoided quite easily. The bankruptcy court does not waive the filing fee lightly and it may be difficult for you to get a second waiver. It seems that your case was properly dismissed as the certificate needed to be completed before the case was filed. It sounds like you did it after filing.
Answer Applies to: Wisconsin
Replied: 10/14/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If you filed the certificate of credit counseling before Sept 26 and they dismissed it anyway, it sounds like an administrative error. Go to the court and talk to the clerk's office, they might be able to take care of it without any filings. If you're required to file for re-opening the case, your filing should cover two thing - reopen the case and waive the reopening fee (in my district it's $260). Explain what happened and be as specific as you can. "The Notice and Order of Deficient Filing (Document #5) stated the case would be dismissed unless I filed the certificate of credit counseling on or before September 26, 2014. I filed the certificate of creditor counseling on September 24, 2014 (Document #7) however, my case was dismissed despite filing before the deadline" "The filing fee was waived in this case because of my low income and absence of assets, I ask the court to waive the re-opening fee for the same reasons."
    Answer Applies to: Ohio
    Replied: 10/14/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    This is why hiring a lawyer to guide you through the process is worth the money. When filing Bankruptcy, you need to take a Credit Counseling Class prior to filing and receive a certificate that shows that the class was taken prior to filing. Now that you have filed, you cannot take the class and file the certificate afterwards. As a result your case was dismissed, and will not be reinstated. You will need to file a new case and follow the required procedure. Be sure to check your Dismissal Order to see if you can immediately file a new case, or if you must wait before filing.
    Answer Applies to: Texas
    Replied: 10/14/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A Chapter 7 bankruptcy that is filed without having completed the credit counseling program is invalid & can?t be revived. You will need to start over with a new case. The fact that credit counseling is REQUIRED before filing means that you cannot file a valid bankruptcy without it & this requirement could only be waived by court order before the petition was filed.
    Answer Applies to: Nevada
    Replied: 10/14/2014
    The Salas Firm
    The Salas Firm | Ron Salas
    The 30 days they allow is to file an already completed class, not 30 days to take and file the class. If you did not take the Credit Counseling class before filing you have no grounds to re-open. You need to refile. The case was rightfully dismissed because you did not complete the class prior to filing.
    Answer Applies to: Colorado
    Replied: 10/14/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    You can file a motion to set aside the dismissal. Where did you file your case? If it was in San Diego, I would be happy to assist you, pro bono.
    Answer Applies to: California
    Replied: 10/14/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    File a motion to reopen and pay the fee. It went up recently, it was $260.00.
    Answer Applies to: California
    Replied: 10/14/2014
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