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Can a 523 Bankruptcy complaint that was dismissed without prejudice be amended with new allegations?
Wiki User
∙ 14y ago
A dismissed complaint is no longer before the bankruptcy court, and so it cannot be amended; there is, legally speaking, nothing to amend. However, if the complaint was dismissed without prejudice then a new complaint can be filed, provided that the causes of action alleged in the complaint are not barred by any applicable statute of limitations.
Wiki User
∙ 14y ago
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What does 'dismissed without prejudice' mean when you are in bankruptcy?
Dismissed without prejudice means the creditor cannot further pursue the debt.
How do you know if your bankruptcy was dismissed with prejudice?
If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do it.
Can you ever file bankruptcy again if dismissed with predjudice?
You can file again after 180 days. If the dismissal with prejudice was for fraud or perjury or similar reasons, you may be able to file a new bankruptcy, but you may not be able to discharge any debt included in this one dismissed with prejudice. Consult an experienced local bankruptcy lawyer.
What is dismissed with prejudice?
If a court case is dismissed with prejudice the matter cannot be tried again.
Can a person who had a petit larceny charge that was dismissed be a bail bondsman in Oklahoma?
Dismissed WITH or WITHOUT prejudice? On a misdemeanor - IF it was dismissed WITH prejudice - you probably can.
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
How far can i go with a lawsuit against the city of Irving Texas and the state of Kentucky I was arrested on allegations of rape and sodomy Case dismissed but there was slander and discrimination?
If the criminal charges of rape and sodomy were subsequently dismissed (BUT, you don't say if it was dismissed WITH or WITHOUT prejudice!) I would say that you have no cause of action on the disposition of the criminal charges. However allegations of slander and discrimination are CIVIL chargesand are separate and apart from the criminal action. Contact a good civil attorney for advice.
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
Can the DA add a dismissed case to another case as a count?
It depends on whether it was dismissed with prejudice or without prejudice. If with prejudice, it can never be reinstated. If without prejudice, it can reinstated at any time. Usually a court will dismiss without prejudice.
What is a partial dismissal without prejudice.?
It is when a court throws out only part of a lawsuit, usually on technical grounds relating to the dismissed portion only. If a complaint has two counts and plaintiff does not provide court ordered discovery on one of the counts, the court can order that part of the complaint be dismissed without presudice. This means that that part of the complaint may be reinstated if and when the discovery is produced, as long as the statute of limitations has not expired in the meantime.
What is dismissed with?
If a court case is dismissed with prejudice the matter cannot be tried again.
Why would you receive an Order of Dismissal Without Prejudice after a bankruptcy was discharged?
Basically the court is telling you, and everyone else involved in the case, that the case is over (dismissed) UNLESS someone can appear before the court and say it is not for some reason(without prejudice).
