If e hired a paralegal to complete our bancruptcy but he failed to submit all of our papers so our case was “Closed without Discharge” what can we do?

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If e hired a paralegal to complete our bancruptcy but he failed to submit all of our papers so our case was “Closed without Discharge” what can we do?

Other than re-filing.

Asked on April 4, 2012 under Bankruptcy Law, California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

That depends on what papers the paralegal "failed to submit" and which chapter of bankruptcy you filed.  If this was a Chapter 7 case, and you failed to file the Form 23 (proof of the post-filing financial management course), then that is one way a case can be closed without the discharge being entered.

There is a way to fix this: It requires filing a motion to reopen your case to file the necessary form and certificate (this of course assumes you have actually taken and completed the required course).

If you are in the Los Angeles area, I would be happy to assist you with the necessary paperwork, assuming that my assumptions above are correct about what occurred.

 


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