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How do you get a dismissed bankruptcy discharged?

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βˆ™ 2006-08-03 15:28:46

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The banruptcy will have to be refiled according to the time limit imposed on the type of BK which was dismissed with or w/o prejudice.

2006-08-03 15:28:46
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Q: How do you get a dismissed bankruptcy discharged?
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Can a discharged bankruptcy be reinstated?

Discharged Bankruptcy normally means that it was a successful bankruptcy and the debt slate is now clean. But if your bankruptcy has been dismissed by the court you can file to have it reinstated. An experienced bankruptcy attorney can help you file to reinstate your dismissed bankruptcy case. You must include the reason the case was dismissed, why it failed and how it will be better if the case is reinstated.


What is the difference between a discharged bankruptcy and a dismissed bankruptcy?

A discharged bankruptcy indicates the filing was found valid, approved and executed. The debtor is no longer obligated for those debts that were included in the bankruptcy. A dismissed bankruptcy indicates the BK was found to be invalid. It could the result of missing documentation, misrepresentation of facts and so forth. An important factor could be if the bankruptcy is dismissed with prejudice or simply dismissed.


How do you get a dismissed bankrupcy discharged?

A dismissed bankruptcy cannot be discharged. Once a BK is dismissed it is no longer valid and creditors may resume collection action and/or repossession of property. The petitioner of the dismissed BK must wait the required amount of time before filing a new bankruptcy petition.


When all the debt is paid from the sale of real property during a bankruptcy plan is the Bankruptcy dismissed or discharged?

discharge


Chapter 7 bankruptcy dismissed can they still garnish?

Only holders of undischarged debt can come after assets or income after a discharged bankruptcy. Some debts may not be dischargeable in a bankruptcy, such as tax debt. The meaning of dismissed is different from discharged, however. A dismissed bankruptcy would be one that did not conclude. In that case, creditors may attempt any legal means to recover what is owed.


What happens to the person who needs to file bankruptcy before discharged from previous bankruptcy?

The short answer is to get the case dismissed so it can be refiled.


How long will a dismissed bankruptcy stay on your credit?

:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.


Can a chapter 13 bankruptcy that has been dismissed be discharged?

No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.


What is dismissed versus discharged in regards to bankruptcy?

Discharged indicates the bankruptcy has been found valid and the debts that were allowed to be included in the BK have been expunged, (discharged and closed are two different matters). Dismissed means for some reason(s) the bankruptcy filing was not considered valid and the BK petitioner's debts will remain collectible by whatever means the creditor chooses including a lawsuit.


If a chapter 7 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?

No, it will remain for seven years.


If debts are paid after bankruptcy with a post bankruptcy inheritance does the bankruptcy go away?

No once filed on file. * A dismissed or discharged chapter 7 will remain on a credit report for ten years. A dismissed or completed chapter 13 will remain on a credit report for 7 years.


Whats the difference between discharged and dismissed?

In very simple terms, discharged means the BK filing was found valid, and the bankruptcy has been granted. Dismissed means that there was/were (an) error(s) of some sort in the filing and the BK has been disallowed. .


What happens to an incomplete bankruptcy filing if the filer dies before its completion?

The filer has to be in person for the 341 meeting so the bankruptcy would be dismissed. A bankruptcy may still be discharged if they are just waiting on the judge to discharge the bankruptcy.


How long does a dismissed ch 13 stay on a credit report?

A chapter 13 Bankruptcy, dismissed, discharged, or otherwise, stays on your credit report for 7 years from the date it was filed.


Can you still get a loan after filing for bankruptcy?

Once the bankruptcy is dismissed or discharged it is quite acceptable to file for a new loan. In fact once your chapter 7 or chapter 11/13 is discharged, lending institutions will be lining up to loan you money. The potential of getting a loan approved if your bankruptcy is dismissed is extremely remote however. Considering the reasons for filing bankruptcy might be a good pre-loan application exercise though.


In case of bankruptcy dismmissal is the debtor obligated to pay the creditors?

If the case was dismissed (not discharged) then you are still responsible for everything. Dismissed = you owe everything the same as before filing Discharged = bankruptcy completed and you owe nothing more. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.


Can you refile for bankruptcy once you have had bankruptcy overturned?

What could you possibly mean by overturned? Bankruptcy cases are dismissed (for any number of reasons) or discharged (as in completed). It is all covered by Federal law. Depending on which and why will depend on when you can refile.


What recourse do a patient have when dismissed?

A patient is not dismissed they are discharged.


How long will a bankruptcy dismissal stay on your credit?

seven years It is irrelevant whether the bankruptcy is discharged or dismissed when it pertains to the time it is recorded on the credit report, the time limit is ten years.


Can you file a chapter 7 bankruptcy and a chapter 13 bankruptcy?

not at the same time, and you'll have to wait a certain period of time after being dismissed/discharged from one before filing the other.


Can discharged items that were included in a bankruptcy be listed as discharged in bankruptcy on your credit report?

Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.


How do you know if your bankruptcy is discharged on your credit report?

Bankruptcy does not get discharged. Debts are discharged. The bankruptcy will remain on your credit report for 10 years from the date of filing. The debts that were discharged can remain for 7 years from the date of discharge, showing a zero balance and that they were discharged in bankruptcy.


What does it mean to be discharged from a bankruptcy?

Your bankruptcy case has been completed and it is now finished! discharged!


Can they repo your vehicle in an open chapter 13 bankruptcy?

No, this is not legal. When you filed the bankruptcy, you and your property are automatically protected under the "stay." The stay prevents any collections or repossession action for the duration of the bankruptcy, and will not be lifted until the BK is discharged or dismissed.


If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?

The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.