Wiki User
∙ 2006-04-04 02:41:30No, the new BK law now requires a one year waiting period as opposed to the former 180 days.
Wiki User
∙ 2006-04-04 02:41:30Since 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, not without refiling another "13".
No. Dismissed is essentially incomplete - no resolution...discharged is completed and closed.
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.
Dismissed without prejudice means the creditor cannot further pursue the debt.
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 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."