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Verification of Terminology

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A

aasch

Guest
What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state?
I am in Texas.

My question is this, my husband and I
filed for a joint bankruptcy around the
first of the year, but the paperwork was
not filed properly, no wages were garnished
and no payments were made on our part to any
creditors thru the trustee. Because the papers
were not filed properly, some income information
was not accurate nor had we listed all our
debts, the court dismissed our filing "with
prejudice."
Firstly, what does "with prejudice" mean,
and is dismissed the same thing as discharged
as far as our credit report is concerned. We
need to relocate because of a job relocation
and move into another apt. and a "discharged
bankruptcy" will disallowing me from renting.

Many thank yous for a prompt reply,
-al.
 


Ladynred

Senior Member
Not good. You didn't specify whether your BK was a 13 or a 7, but it sounds like a 13 ??

Dismissed is NOT the same as Discharged. Discharged means your bankruptcy is finished, in the case of a 13, the plan is completed.

Dismissed means they threw your bankruptcy out, cancelled it.. because payments weren't made to the trustee as you were supposed to do. I don't believe that calls for garnishment, you would know what the terms are and what your schedule of payments to the trustee should be.

Dismissed with prejudice.. even worse.. means: "When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim"

I don't know if that means you can't file again for a period of time, or if you can't file for BK again at all. Perhaps one of our Sr. Members can clarify.
 

Jeter

Member
I'm just a lowly "member" and not a senior member, but I can tell you factually that when something is dismissed with prejudice, it cannot be refiled.


Jeter
 

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