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.
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.
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 Once a BK is dismissed it is no longer valid and creditors may resume collection action and/or repossession of property.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.
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.
The short answer is to get the case dismissed so it can be refiled.
: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.
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.
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.
No, it will remain for seven years.
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.
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. .
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.
A chapter 13 Bankruptcy, dismissed, discharged, or otherwise, stays on your credit report for 7 years from the date it was filed.
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.
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.
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.
A patient is not dismissed they are discharged.
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.
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.
Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.
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.
Your bankruptcy case has been completed and it is now finished! discharged!
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.
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.