They are mutually exclusive. Only one or the other.
Dismissal yes, Discharge, probably not.
Constructive dismissal, or constructive discharge, is a term in employment law that refers to an employee that resigns because of intolerance towards their employer's behavior. Constructive dismissal tends to benefit the employee if they can prove their claims.
There is obviously no difference, just choice of words.
It is 10 years from the date of discharge.
Constructive dismissal, also known as constructive discharge, is a term in employment law that refers to employees referring due to their employer's intolerable or heinous behavior.
In crimninal courts there are two types dismissal. (1) Dismissal WITH Prejudice (means the same charge cannot be brought against the same defemndant again for the same offense) -and - (2) Dismissal WITHOUT Prejudice (means that once the Prosecutor "cleans up" some minor flaw in the case) he can re-institute the same case against the defendant.
After a Dismissal you can refinance anytime you want, some banks may penalize you for the filing even though you didn't go through with the BK. Just to make it clear a dismissal is when you filed a BK but then withdrew it and never went through with it or the bankruptcy was not approved. A discharge is when you completed the bankruptcy. I work with several lenders that will not penalize you for a dismissal.
When the case is closed, either after dismissal or after the discharge order has been entered. Usually about 6 months after filing.
1. According to Wikipedia: "In employment law, constructive dismissal, also called constructive discharge, is where an employee resigns due to their employer's behaviour. The employee must prove that the behaviour was unfair � that the employer's actions amounted to a fundamental breach of contract or the law." 2. no. so just hope he is a fast runner.
Yes, an order for dismissal does not wipe out the record. For that you would need to petition the court to have the record expunged. ALSO: A LOT depends on WHAT KIND of dismissal you received. Dismissal WITHOUT prejudice means the same charge can be re-instituted against you again. Dismissal WITH prejudice means that that same charge can't be brought against you again for that particular offense.
No. If the bankruptcy is dismissed, it ended before it was completed, very likely before discharge, although sometimes and objection to discharge is filed after something happens to make the discharge voidable by the court (trustee finds unlisted assets, for example). A discharge is essentially a permanent restraining order prohibiting any creditor from trying to collect a debt from the debtor, unless specifically exempted (child support arrears, some taxes, student loans, etc.).
One example is FIRED.