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No, the new BK law now requires a one year waiting period as opposed to the former 180 days.

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โˆ™ 2006-04-04 02:41:30
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Q: If you filed a chapter 13 that was dismissed three times involuntarily can you re-file one more time without the 180-day waiting period?
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How can you convert from a Chapter 13 to a Chapter 7 without your spouse even though both are on a dismissed with prejudice Chapter 13?

Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.

Can you file chapter 7 after chapter 13 is dismissed?

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.

In chapter 7 bankruptcies is closed without discharge the same ad being dismissed?

No. Dismissed is essentially incomplete - no resolution...discharged is completed and closed.

If your Chapter 13 was dismissed and you have paid most of the bills off on your own is there any way to get it discharged instead of dismissed?

No, not without refiling another "13".

What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?

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.

What is the statute of limitations for dismissed without prejudice in Oklahoma?

One year after dismissed without prejudice

Is a bankruptcy valid if you never followed through?

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.

Can charges that have been dismissed be refiled?

If it was dismissed without prejudice then yes, they can be refiled. If the charges were dismissed with prejudice then it cannot be refiled.

Can a person who had a petit larceny charge that was dismissed be a bail bondsman in Oklahoma?

Dismissed WITH or WITHOUT prejudice? On a misdemeanor - IF it was dismissed WITH prejudice - you probably can.

What does 'dismissed without prejudice' mean when you are in bankruptcy?

Dismissed without prejudice means the creditor cannot further pursue the debt.

Dissmissed without prejudice is that good?

Dismissed without prejudice means the court has dismissed the petition, but that the plaintiff can re-file if the circumstances change.

What is a dismissed court case?

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."

If a criminal case was dismissed can that case be open at a later date?

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.

Timeline case dismissed without prejudice?

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.

What does dismissed with without predjudice mean?

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.

Are there fees involved when you dismiss your bankruptcy?

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.

Can one sue for court and attorney fees if a suit is dismissed without prejudice?

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).

What is the difference between dismissed with prejudice and without prejudice?

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.

What is the difference between judgment dismissed and case dismissed?

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.

When a criminal case has been dismissed in the state of Michigan how long do the courts have to refile?

Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?

Can a foreclosure case dismissed without prejudice be refiled?

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.

Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?

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.

Can the DA add a dismissed case to another case as a count?

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.

Case dismissed with 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.

What is statute of limitations on a Court case ordered dismissed without prejudice?

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.