After a complete debt discharge in a BK, can a credit card company that was suing, dismiss the case with or without prejudice?

Asked almost 2 years ago - Whittier, CA

I sent the plaintiff a Meet & Confer letting them know that my BK had been completed but now I received a letter from them requesting for a dismissal without prejudice. I'm not sure why they are electing that instead of a dismissal with prejudice as that was what I requested. I want this case to be dismissed with prejudice since later on I will probably have other collection agencies attempt to collect on this.

Attorney answers (4)

  1. Paula Brown Sinclair

    Contributor Level 20

    5

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    Answered . The creditor wants the dismissal without prejudice because the discharge is not irrevocable. Granted revocation of a discharge is a rare and extraordinarey remedy, but it exists. Whether a dismissal is with or without discharge does not bestow any right on the creditor, having actual knowledge of the discharge, to assign the debt to a third party. If that happens, the contempt/sanctions action for violation of the discharge injunction would name both the original creditor and assignee.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Brian Crozier Whitaker

    Contributor Level 17

    3

    Lawyers agree

    Answered . As Ms Sinclair says, the only way other collection agencies could legally attempt to collect on this debt would be if your discharge was revoked for some reason (extremely unlikely). The manner in which they requested the dismissal is standard ... don't worry about it.

  3. William James Waters

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with atty Sinclair, but would just clarify that she obviously meant to say "with or without prejudice" not discharge. I also agree with atty Whitaker - I wouldn't worry about it. The important thing is it is being discharged.

  4. Jonathan David Leventhal

    Contributor Level 13

    1

    Lawyer agrees

    Answered . It does not matter. You discharge injunction prevents the creditor from ever collecting on the debt.



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