Legal Question in Civil Rights Law in Florida

Backed into a Corner

We filed bankruptcy in 98. We made our payments. Just recently trustee got case dismissed due to failure of payments. This is not true we have receipts. Judge dismissed case without even talking to us. Now Mortgage company is proceding with foreclosure and they want us to re-instate but they are not showing the x amount of money that has already been paid which is a lot of money. We don't know what we can do to fight this. Maybe you could help? It took us a month just to get answers from Mortgage company. Something smells fishy the more we look into this problem


Asked on 8/22/01, 2:20 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Backed into a Corner

It has been a while since I practiced bankruptcy law. Therefore I will defer to other attorneys that are currently practicing bankruptcy law. However, with that having been said, assuming that all the facts are as you represent, then you probably should file a "Motion to Vacate Dismissal". Attach a copy of the receipts to the motion. Simply spell out why the dismissal was done in an error. If the Court doesn't on its own reinstate the case, then contact the clerk of the court and prepare a "Notice of Hearing". The court probably has a law library. Go there. Ask the librarian to guide you in the right direction. You need to find what is called "practice books". You should be able to find samples of the Notice of Hearing. The "Motion to Vacate Dismissal" you will likely have to draft from scratch. Just give it your best shot. The judge knows you are not an attorney.

Unfortunately with the vast numbers of bankruptcy cases filed, it is not all that unusual for cases to be dismissed in error.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 8/22/01, 7:17 pm


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