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To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy.
Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you.
There are several exceptions which include certain taxes, student loans and fraud.
What else can I help you with?
If bankruptcy has been dismissed can you file again?
If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.
Can you ever file bankruptcy again if dismissed with predjudice?
You can file again after 180 days. If the dismissal with prejudice was for fraud or perjury or similar reasons, you may be able to file a new bankruptcy, but you may not be able to discharge any debt included in this one dismissed with prejudice. Consult an experienced local bankruptcy lawyer.
How long will a dismissed bankruptcy stay on your credit?
:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.
If a chapter 7 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?
No, it will remain for seven years.
Can you file for bankruptcy if you have a civil judgment for contractually liable debt in California?
Yes, you can file for bankruptcy in California even if you have a civil judgment for contractually liable debt. Filing for bankruptcy can potentially discharge or restructure that debt, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13). However, certain debts may not be dischargeable, and it's important to consult with a bankruptcy attorney to understand the implications of your specific situation.
If bankruptcy has been dismissed can you file again?
If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.
Does having a bankruptcy dismissed restart the statute of limitation?
Having a bankruptcy dismissed does restart the statute of limitation on a bankruptcy. You will have to wait eight years to file another bankruptcy.
Can you file bankruptcy after signing a judgment?
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Can you file bankruptcy on a fraud judgment?
If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.
When you file chapter 7 bankruptcy and the case was dimissed will this show up on my credit report?
Yes. It will show that you filed bankruptcy and that the bankruptcy was dismissed.
Can you file bakrupcy on a civil judgment?
No, they are exempt from the bankruptcy laws.
Can you file for bankruptcy if you have signed a consent judgment?
Yes, you certainly can.
Can you ever file bankruptcy again if dismissed with predjudice?
You can file again after 180 days. If the dismissal with prejudice was for fraud or perjury or similar reasons, you may be able to file a new bankruptcy, but you may not be able to discharge any debt included in this one dismissed with prejudice. Consult an experienced local bankruptcy lawyer.
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.
Can you file ch.7 bankruptcy after you have filed ch.11 bankruptcy?
Not unless the c. 11 has been dismissed or closed. You cannot have two bankruptcy proceedings pending at the same time. If the c. 11 was dismissed for cause, you may have to wait 180 days to file the c. 7.
Can a chapter 13 bankruptcy be dismissed if the petitioner dies?
Yes, a Chapter 13 bankruptcy can be dismissed if the petitioner dies. Typically, the trustee or another party involved in the bankruptcy case will file a motion to dismiss the case due to the petitioner's death.
How long will a dismissed bankruptcy stay on your credit?
:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.
