Legal Question in Bankruptcy in California

Miscalculated 15 days to file schedules -- got dismissed

I didn't count weekends in calculating 15 days to file schedules for my chapter 7. I filed them on 5/5 they were due on 5/1 and court dismissed. I need to file a motion to vacate dismissal but don't know what to say. Im a pro se debtor and cant afford to hire an attorney to do this. I have a hearing date for the motion to vacate of 6/11 so I have to serve my motion by 5/16. HELP


Asked on 5/14/03, 4:57 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Miscalculated 15 days to file schedules -- got dismissed

Thank you for your inquiry. Your case shows the danger of representing yourself.

You will need to for a brief to be prepared and to show up, or have someone show up for you, to argue against the dismissal. If your case did not have a 180 day bar of 11 U.S.C. �109g, you may find it easier to refile a new bankruptcy.

Thank you, but if you need someone to write the brief for you, I'd be more than happy to help. Feel free to email me at [email protected]

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Answered on 5/14/03, 5:33 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Miscalculated 15 days to file schedules -- got dismissed

You have to prepare a pleading stating why you missed the deadline. Be sure to send a copy of this to the trustee.

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Answered on 5/14/03, 7:53 pm


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