How do I justify the resetting of creditors meeting? 19 Answers as of January 20, 2012

You can file a motion to reopen the case. The filing fee is $260.00 if the case was "closed." - you must serve a copy on all the creditors and get a hearing date. The court should have the forms to do this. - and the instructions on how to get a hearing date, look up your judge's name for his/her instructions.

Call and talk to the trustee himself. Hopefully he will remember. But usually when they reset the date they don't mail you a new date, usually they give it to you on the spot. Did you miss the 2nd hearing that was rescheduled? If so, you are probably out of luck.

I am sorry, but I think that you may simply be out of luck. Meetings are not usually cancelled for weather. You may have to refile and pay your filing fee again. If you want to try a long shot before you refile, file a Motion for Reconsideration and tell the judge your story in writing. Be sure to mention your age, medical condition and type of car. Put in all of the reasons that you felt you should not go.

You will need to file a motion to reopen your case and explain to the judge these circumstances. The judge will then decide whether to reinstate your case. The trustee will have the option to object, but based on your facts it seems like you have a strong case for reinstatement. I was at hearings yesterday in the Portland region and I can assure you that you were not alone in being late or missing your hearing due to Oregon weather.

File a motion to reinstate and state in the motion everything you just said in the question. The court will set a date for you via notice.

Your wrote, "I thought I did the right thing. I am Pro Se of course. But what can I do?" You were mistaken to assume that hazardous weather constituted a proper excuse to miss your hearing. I am sure the trustee and everyone else that showed up for their meeting had to drive in the same hazardous weather but they somehow made it to the hearing. Filing bankruptcy is a serious matter. A responsible person would check the weather the day before and plan accordingly. If you want to get your case reinstated, hire an attorney.

You would probably need to file a motion to restore the case. I doubt you would be able to do this on your own. You should really think about retaining a local attorney to file the motion.

You want to file a motion to vacate the dismissal with the clerk. You will ask the court to vacate the order dismissing the bankruptcy for the reasons you stated (inclement weather, you requested it be postponed, you were assured that it was, etc). Then you wait for the court's order.

You can try a few things to fix this. First, you could call the trustee and remind him or her of this conversation. It is possible the Trustee will take it upon him or herself to take the steps to correct this, if the trustee agrees it is his or her mistake that led to dismissal. Otherwise, you can file a Motion to Reconsider Dismissal of you case at the courthouse. Basically, write the court a letter asking the judge to reconsider the dismissal of your case. Explain why you did not go to the 341 and set out the facts of your conversation with the trustee. Send a copy of the letter/motion to the Trustee. If none of this works, you will simply have to re-file.