Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.
Yes, but you need to find out if there is a 180 day filing bar. (Yes automatically if there was a Motion for Relief from Stay). If the case was dismissed without the filing bar and without prejudice, then you can refile immediately.
No. Dismissed is essentially incomplete - no resolution...discharged is completed and closed.
No, not without refiling another "13".
If your Chapter 13 was dismissed, meaning you did not complete your Plan, then you are essentially right back where you started before you filed for bankruptcy. The creditors can pursue you for the debts without any legal ramifications.
One year after dismissed without prejudice
No. If a Chapter 7 is not properly discharged and closed it is not valid. If a Chapter 13 is not adhered to according to the repayment plan agreed on it will be dismissed by the BK trustee with or without prejudice.
If it was dismissed without prejudice then yes, they can be refiled. If the charges were dismissed with prejudice then it cannot be refiled.
Dismissed WITH or WITHOUT prejudice? On a misdemeanor - IF it was dismissed WITH prejudice - you probably can.
Dismissed without prejudice means the creditor cannot further pursue the debt.
Dismissed without prejudice means the court has dismissed the petition, but that the plaintiff can re-file if the circumstances change.
It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."
noAnother View: Yes, it could be, depending on HOW the case was dismissed. If the judge dismissed the case WITH prejudice it cannot be re-opened. If it was dismissed WITHOUT prejudice it can be.However, if a criminal case is dismissed without prejudice it may not be re-opened IF the applicable statute of limitations for that crime in that situation has lapsed.
A case dismissed without prejudice may be brought again as long as the statute of limitations for that particular offense (if there is one) has not expired.
Dismissed without prejudice means that the judge is dismissing the case, but not barring further adjudication. It also means that the judge it not ruling on the merits of the case.
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
When a suit is dismissed without prejudice you are free to try the case all over again just like it never happened (This is assuming that the whole case was dismissed, not just in part).
If a case is Dismissed WITH Prejudice it means that the same charges or civil claims cannot be refiled against you. If it is Dismissed WITHOUT Prejudice it means that the same charges or civil claims can be re-file or reinstated against you.
Judgement dismissed mean the verdict or penalty is dismissed but the case is still active. Case dismissed mean just that. The case is dismissed probably because it has no merit.Added: If the case is dismissed - make certain you know under what circumstances it is dismissed.Dismissed WITH prejudice means it may have no merit, the case is dead and cannot be refiled.HOWEVER - dismissed WITHOUT prejudice means that the case CAN be re-filed again. It is an important distinction. Make sure you know which situation applies.
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Yes, that's what 'without prejudice' means. When something is dismissed with prejudice, this is due to some kind of misconduct on the side of the party making the claim. They're then disallowed from refiling it. However if it's dismissed without prejudice, often due to a precedural error, it can be refiled.
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
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.
A case dismissed with prejudice means it can not ever be brought again. A case dismissed without prejudice may be brought again as long as the statute of limitations governing the case has not expired.
Dismissed without prejudice implies that that there would not be a statute of limitations because it was dismissed without prejudice.Dismissed with prejudice would carry the Statute of lim.The judge that signed the order will usually specify a look back period.Its varies case by case typically SOL is a 7-10 yr period but in some circumstances it s a shorter period of time.