Dismissal without prejudice...

[deafbroke]

A creditor filed a dismissal without prejudice for a debt we owed them. We never signed an agreement on it so how can they file this without our approval?

DB

[lrprn]

Creditors cannot dismiss your Ch 7 bankruptcy - only your local trustee or the US trustee can do that.

However sometimes a creditor will contact you with an offer to settle not realizing you filed bk already. Sometimes those offers may include the words "dismiss without prejudice".

What does the filing say exactly? Did you see it on PACER or did you receive it in the mail?

[deafbroke]

It was in the mail from the county court and signed by a judge. It is a chase bank filing. It is essentially dismissing without prejudice the amount I owe chase bank. But from what I understand of the "without" prejudice, they can then come after me for it after bankruptcy. I can't afford an atotrney so I don't know what to do. I emailed the trustee handling my 341 meeting and asked him. waiting on a response.

[keepmine]

This is pretty standard. They want the option to refile should your bk be dismissed. If it's discharged, they won't refile.
Nothing to worry about.

[JRScott]

I think keepmine is correct. It appears that they had a case against you already and the judge in that case having received notice of the bankruptcy has dismissed their case without prejudice, which means if your bk fails they can refile.

[deafbroke]

I see. Just don't trust the creditors. I had been using a debt resolution company that negotiated a lower payoff and half the creditors aggreed and were paid off, but one garnished my wages and the rest were circling like vultures. Startred getting court dates in the mail and decided it was time to file. Don't trust them as far as I can throw them.

DB

[JRScott]

Debt Resolution Companies do not help people, they generally cause a worse situation than existed beforehand. I've not heard of anyone successfully completing such a program .