How do I re-open my bankruptcy after my motion to re-open was rejected by the judge because of improper service?

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How do I re-open my bankruptcy after my motion to re-open was rejected by the judge because of improper service?

I hired an attorney to file my bankruptcy and she failed to file my form 23 so my case was closed without discharge. My attorney now refuses to answer my calls since she already has my money. I filed the motion to re-open myself and then mailed my form 23 directly to the judge within 24 hours as the instructions say to do. The judge rejected my request due to “improper service”. What do I do now to re-open my case and get my form 23 on record? I am being hounded my creditors daily that I thought were gone already.

Asked on September 21, 2010 under Bankruptcy Law, California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 11 years ago | Contributor

You need to serve the US Trustee, Trustee, and I believe all creditors and file an appropriate proof of service with the court.  Your attorney should handle this for you as it is part of his/her responsibility to both advise you of the requirement and to file the form.  If failure to file the form was not your attorney's fault (i.e. they told you about it, but you didn't get the course taken) then that's a different story.

If you are in the Los Angeles area, I handle these types of motions for $700 plus filing fee (which you probably already paid, so that should be waived).

Mark J. Markus, Attorney at Law

http://www.bklaw.com/

 

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 11 years ago | Contributor

You need to serve the US Trustee, Trustee, and I believe all creditors and file an appropriate proof of service with the court.  Your attorney should handle this for you as it is part of his/her responsibility to both advise you of the requirement and to file the form.  If failure to file the form was not your attorney's fault (i.e. they told you about it, but you didn't get the course taken) then that's a different story.

If you are in the Los Angeles area, I handle these types of motions for $700 plus filing fee (which you probably already paid, so that should be waived).

Mark J. Markus, Attorney at Law

http://www.bklaw.com/

 


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