QUESTION

Denied motion to vacate a dismissal

Asked on May 24th, 2016 on Bankruptcy - California
More details to this question:
I filed chapter 7 in April. I received a letter stating they need a master list and a 106G, My daughter had pregnancy complications and I completely forgot and did not file in a timely matter request document and my case was dismissed. I wrote a letter of Motion to Vacate my Dismissal and reinstate case will the requested documents and letter of explanation. I was denied. I apparently need to refile and pay another filing fee. Is there away around another filing fee. Thank you
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Do it yourself bankruptcy is not a very good idea, as you're finding out.  If you file a new case within 1 year of your prior dismissal, the automatic stay in the new case will only be in effect for the first 30 days, unless you obtain a court order extending it for cause. To answer your question about the filing fee, you can petition the court for a waiver of the filing fee, or to pay it in installments.  You have to provide proof of indigency.  The court should have information on how to go about applying for that on its website.  Attorneys aren't likely to know the procedure because anyone who can afford an attorney isn't going to be applying for a waiver of the filing fee.
Answered on May 24th, 2016 at 11:37 AM

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