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

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1. 

   Paula Sinclair

   Twin Falls Bankruptcy Attorney

   Contributor Level 20

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   Answered January 15, 2013 20:16. 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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2. Licensed in CA

   

   Brian WhitakerPro

   San Diego Bankruptcy Attorney

   Contributor Level 15

   

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   Answered January 15, 2013 21:32. 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says, the only way other collection agencies could legally attempt to collect on this debt would be if your discharge was revoked for some reason (extremely unlikely).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.

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3. Licensed in CA

   

   William Waters

   Simi Valley Bankruptcy Attorney

   Contributor Level 14

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   Answered January 16, 2013 01:10. 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.

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4. Licensed in CA

   

   Jonathan Leventhal

   Woodland Hills Bankruptcy Attorney

   Contributor Level 13

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   Answered January 16, 2013 06:43. It does not matter. You discharge injunction prevents the creditor from ever collecting on the debt.
   
   
   
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