Q: Case flagged as dismissed for fees due, owe one payment on filing fee. How can I correct this
I found this out after completing my Debtor Education course and requesting the certificate be filed electronically. I want to correct the problem ASAP but don't know what form to use. Have filed without attorney and this is the final hurdle. Is this something a lawyer has to complete now?
A:
The case HAS BEEN dismissed, or WILL BE dismissed? If it's the former, I believe you will have to re-file. You should have received written notice of pending dismissal, so if you didn't you might be able to get the dismissal corrected if you act promptly. If it will be dismissed, obviously you need to pay the fee ASAP.
But contact the clerk of court to make sure. I don't think it's something for which you need an attorney; just diligence on your part and the ability to carry on an intelligent and friendly conversation on the phone.
A:
You may want to contact the Trustee. Depending on your local practices, it may be possible for the trustee to agree to re-open the case for final payment and discharge. Your chances of getting this resolved in your favor will diminish with time, so make sure that you're diligent about moving forward promptly.
*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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