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Showing results for tags 'motion to reconsider'.
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Hello, I filed Chapter 7 but I filed the Schedules on November 18, 2019, the Monday after an Order Dismissing case was entered on November 14, 2019. The Order states, "The case is dismissed without prejudice and without a discharge effective on the 15th day from entry of this Order." I have to file a motion to vacate or for reconsideration of the Order within 14 days. It is now the 19th and just today, I received the notice in the mail. On Sunday 17th, I accessed PACER and I saw it on the docket as an entry but could not retrieve the notice to read it. Upon seeing this on PACER, I emailed the Trustee that same night, which was Sunday 17th, stating why I was late filing the Schedules and that I would be filing them the very next day. The trustee barely responded today via an email stating that the case was dismissed and nothing else. I had also provided the Trustee all the documents requested of me. I am sure I can still save this by petitioning the Trustee but I need help with the language. I believe I am not supposed to file this with the Bankruptcy Clerk. Also, aren't the 14 days not supposed to include holidays and weekends? Please help?
- 1 reply
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- motions
- motion to vacate
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Dear Forum Members (@SeaDragon, @CALawyer, @RyanEX, @AnonAmos, and others), Lost a trial vs AMEX, FSB here in California. Judgement filed in favor of Plaintiff on Nov 30th. - Affiant XXXXXX, who signed on Declaration in Lieu of Testimony (with exhibits/documents) was the Live Witness at the trial. - Affiant XXXXXX perjured in his Declaration by giving a false address. Was served by process server - but unavailable for personal service. - Judge allowed Declaration and perjured Affiant to take the witness stand. Judge allowed the exhibits and documents as evidence. - Judge mentioned verbally, there maybe some doubts about his testimony as Custodian of Records - towards the end of the trial. Was wondering, if I might have an Appeal case? Kind Regards.
- 5 replies
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- motion to reconsider
- appeal
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