LEB in Pro Se

Seeking language for Motion to Vacate or for Reconsideration of the Order Dismissing Chapter 7 Case

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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?

Edited by LEB in Pro Se

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First off, the trustee is not your attorney and cannot give you legal advice. The trustee's job is to find and protect assets for the creditors and without the schedules, which are supposed to be filed with the petition, he cannot do that job. Asking the trustee for legal advice is a waste of time.

Second, since the schedules are supposed to be filed with the petition or very soon after, do you have good reason for the delay, one that is acceptable by the court. Being Pro Se and not knowing about the schedules is not a good reason as the court will say that if you were unsure about the process, you should have hired an attorney. The court is not going to reconsider unless the reason is good. Now, since the dismissal was without prejudice, you can file another petition and this time with the proper schedules (and fees and anything else required by the court).

If you wish to do a motion, the motion would look like any other motion online. Since you have access to PACER, I would look at other cases which were done by attorneys to see what that looks like. I did a BK Pro SE (and would not recommend doing it that way to anyone) but I never got to the point where I needed to motion the court.

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