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In chapter 7 bankruptcies is closed without discharge the same ad being dismissed?
Wiki User
∙ 14y ago
No. Dismissed is essentially incomplete - no resolution...discharged is completed and closed.
Wiki User
∙ 14y ago
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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.
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".
If you filed chapter 13 in 1998 and it was dismissed by the court are you still liable to the creditors?
"Dismissed" is different from "discharged". If you truly mean "dismissed" (i.e., without a discharge), it's as if you never filed; you still owe, assuming the statute of limitations hasn't run on the debt (that varies by state). That usually happens only if you didn't follow all the rules. If you actually meant "discharged" (as normally happens at the end of a successful bankruptcy case, including Chapter 13), you don't owe. Technically, the debt still exists, but the discharge permanently enjoins the creditors in your case from enforcing it, thus effectively eliminating it.
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.
How to Sell house before chapter 7 discharge?
If you are in a chapter 7, you cannot sell any property without permission from the court and the knowledge of the trustee. Get a lawyer if you do not have one.
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.
Are all bankruptcies granted?
Absolutely not...especially without modifications.
What does 'dismissed without prejudice' mean when you are in bankruptcy?
Dismissed without prejudice means the creditor cannot further pursue the debt.
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.
If your chapter 13 bankruptcy was dismissed in 2005 can you file again?
One can file a bankruptcy case at any time. The only issues upon filing will be:1. Under what Chapter will one be permitted to file;2. Whether one will get the benefit of the automatic stay while the case is pending; and3. Whether one will get a discharge at the end of the case.If a prior case was filed but no discharge order was ever issued, a stay of all collection efforts will issue automatically and the debtor may be eligible for a discharge at the end of the case. If a discharge order was indeed entered in the prior case, a Debtor must wait for specified periods if he or she is to benefit from an automatic stay and receive a discharge in the new case. The following is a table summarizing the waiting period required by law to stay creditors and get a discharge of debts:Prior Case Chapter 7 Chapter 13Chapter 7 8 years 4 yearsChapter 11 8 years 4 yearsChapter 12 6 years 4 yearsChapter 13 6 years 2 years- BensonBankruptcy.comYou can refile after your bankruptcy case has been discharged by the court. I filed a chapter 7 in December, it was discharged March 15 and I filed a chapter 13 on the 22nd. You can file chapter 13 as soon as your bankruptcy is dismissed but can only file chapter 7 every 7 years."Dismissed" means the court threw your case out without "Discharging" any of your debt.You can either file Chap 13 immediately, or go to another Chap 7 filing after waiting 6 months...sort of a penalty period. Unless that has changed to, as someone said, 6 or 7 years.www.nolo.com has most of the information you will need.You cannot file a Chapter 7 case for 6 years after the filing date of a prior Chapter 7 or Chapter 13 which received Discharge. You can file a Chapter 13 nearly anytime so long as no other case is pending (with some exceptions). (FYI filing a Chapter 13 immediately after a Chapter 7 is called a "Chapter 20"). As of today (2/11/05) there is legislation pending in the United States Senate which I believe will increase the time you have to wait to 8 years, but this law may or may not get passed.However, if the case was dismissed (and not Discharged), one can normally re-file immediately after dismissal unless the Court places a bar to re-filing, or unless the circumstances create a bar to re-filing. Sometimes, if the Court feels that a debtor acted in bad faith or for some other reason, the Court may bar the debtor from re-filing for some period of time. Or, once a Motion for Relief is filed by a creditor, if the debtor voluntarily dismisses his or her own case, then that debtor is automatically barred from filing a new case for 180 days. Please keep in mind that nothing in this posting or in any other posting constitutes legal advice, it is simply my understanding of the facts, which I do not warrant in any way.
Dissmissed without prejudice is that good?
Being dismissed without prejudice means that the case can be refiled at a later date. It gives the option to pursue the case again if needed, which can be advantageous in certain situations. However, it also means that the issue remains unresolved and may need to be addressed in the future.
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
