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.
Social Security Lawyers
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.
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5 lawyers agree
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says, the only way other collection agencies could legally attempt to collect on this debt would be if your discharge was revoked for some reason (extremely unlikely).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 lawyers agree
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.
2 lawyers agree
It does not matter. You discharge injunction prevents the creditor from ever collecting on the debt.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
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