Why would a bankruptcy case be dismissed with prejudice? What does it mean?

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Question:

I have just filed for bankruptcy. A friend of mine too had filed for bankruptcy last year. However his petition was rejected by the court and the order said the case is dismissed with prejudice. What does dismissed with prejudice mean?

Answer:

Generally dismissals are ordered without prejudice to carry on the remedial purpose of the Bankruptcy Code and to restore property rights, insofar as is practical, to the same position as when the case was first filed, without affecting the disposition of debts.

Dismissal with prejudice means that the claim that is dismissed may not be brought again in any court. A dismissal with prejudice will bar further bankruptcy proceedings by the debtor and is a complete adjudication of the issues.

Under Bankruptcy Code § 349(a), the court may, for cause, dismiss a case with prejudice such that a future case will not discharge any debts that were dischargeable in the earlier case.

Often bad faith filing if the reason for a bankruptcy case to be dismissed with prejudice. When you file for bankruptcy, you must not conceal or withhold any information about yourself, especially information about your finances and assets. Your petition can be dismissed with prejudice if you provide incorrect information or conceal information about your finances and assets.

A Chapter 7 case can be dismissed with prejudice if the trustee determines that the debtor has the ability to repay at least part of the debt. Submitting a Chapter 13 plan without the ability or intention of following the plan can result in dismissal with prejudice. A case can also be dismissed with prejudice when the court feels that the proceedings have been filed merely to prevent to creditors from taking action.

Talk to a Bankruptcy Lawyer before you make any steps towards filing bankruptcy. It's important that you be represented by qualified legal counsel to prevent any legal problems with your case.

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