Motion To Set Aside Dismissal?
How would I file one of these? In reference to my earlier post about the lawyer and trustee errors, I just heard from the Trustee's office, and was told there's really nothing they can do. It was a simple internal error, and there's no help they can offer me. She did ask if my attorneys could file a motion to set aside the dismissal, though, as she has seen these before. My attorneys didn't offer me this option, likely because they would make less money off of it. Is this something that could be done, and if so, how, and what do I need to tell my attorneys to convince them to file it?
If you go to http://www.google.com and do a search for "motion to set aside dismissal" (with the quotation marks) you'll see some useful information. I don't think you should try to file this on your own. If you do the letter to the Judge that I suggested, maybe the Court will contact your attorney and suggest filing the motion. Or, you could fax a letter to your attorney requesting that he/she file a Motion to Set Aside Dismissal on your behalf based on the misinformation you received about the dates and times for the meeting and the fact that you DID appear on 1/9 as instructed by the correspondence you received from the Court. The motion will need to attach the two erroneous communications you received and signed affidavit from you as to the truth of the facts you are submitting. If your attorneys refuses to file the motion on your behalf, ask for them name of their malpractice insurance carrier. Again, I am not a lawyer, so these are just my own opinions. What State or bankruptcy district are you in? Call Winterbotham's office and tell them you are coming by to pick up your file because you are taking your business elsewhere. Don't compound your frustration by using the same bankruptcy mill if you weren't happy with the way they handled your case the first time. You know they probably have your pleadings on their hard drive and could update your papers in about 10 minutes. Charging full price for refiling is not cool. And, what's with this 180 day bar? Did the order dismissing your case indcate a 180 day bar, or is everyone just assuming there is one?
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