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What happens when a case get refiled after the case has been discharged?
Wiki User
∙ 11y ago
The process begins again as a new case.
Wiki User
∙ 11y ago
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What happens to the person who needs to file bankruptcy before discharged from previous bankruptcy?
The short answer is to get the case dismissed so it can be refiled.
What is a dismissed for want of prosecution on a child support case?
It means the case was closed, or dismissed. Usually this happens due to the petitioner failing to appear, or the alotted time required for the petitoner to complete an action has been exceeded. The matter can be refiled, though.
How many times can you open and close a child support case and not show up?
Until a judge refuses to allow the suit to be refiled. If a case is dismissed without prejudice regardless of what that case might be about it can be refiled as many times as necessary.
Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
I have just been discharged in a Chapter 7 Bankruptcy what does that mean?
The case, that you asked for, has been completed and resolved.
What happens after a dismissal withuut prejudice?
After a dismissal without prejudice, the case can be refiled and the same claims brought again. The reasons for dismissal without prejudice may include procedural errors or faults that can be corrected in a subsequent filing.
Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
What happens if the defendant does not show up and the case is dimissed?
The attorney or the party whose case is dismissed will be able to make a motion to reinstate the case. This would have been a procedural dismissal and would likely have been made without prejudice to being refiled or reinstated. If the absence had been due to some type of excusable neglect or unavoidable circumstances, the court will probably reinstate the case. If the attorney deliberately without excuse missed the court date, the party might still get the case reinstated if the court is convinced a dismissal would be an injustice to the party if through no fault of his own the case had been dismissed. Depending on all the circumstances, it is certainly possible that the dismissal could be final. In that case, the party would have to appeal the trial court's dismissal to get it reversed.
What is Notice of nonsuit without prejudice for Texas?
A Notice of Nonsuit is the termination of a legal action. An example of this type of notice would be if a plaintiff fails to pursue or abandons the suit; a judgment would be granted against the plaintiff in this case. In a nonsuit case ruling, there is a dismissal of the case. It can be done with or without prejudice. If done with prejudice, it means the case cannot be refiled. If done without prejudice, it can be refiled later on. In Texas, there is a form that is filled out and submitted to the court.
What does dismissal of a lawsuit without prejudice mean?
It means that the lawsuit has been dismissed, typically after being decided on the merits, and cannot be refiled.The foregoing answer is correct. The dismissal with prejudice can also be voluntary on the part of the plaintiff. That is often a condition of a settlement of litigation.
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
Is it double jeopardy if the court dismisses the case before you go through trial and then put the same charges different case number?
Not usually. Unless a case is dismissed "with predjudice", the charges can usually be refiled and the process begun again.
