What does dismissal without prejudice mean?

[tlk9]

I have seen this on the forum and was wondering what it means? Is there a dismissal with prejudice also? Can someone answer and put it on the board for all us newbies . Thanks

[Minnymouth]

Not certain about this but its only logical it would be this way:

Without prejudice would probably apply if your did not show up at your 341 and your case was dismissed by the Court.

With prejudice would probably apply if you did not show up at your 341 meeting and the Trustee felt their were assets to obtain, or hidden assets, or fraud involved. Then he would protest to the case being dismissed.

Hopefully that will help explain this.

[Lightning]

Have you heard or a thing called an "Internet search engine"? It took me less time to find the answer to your question than it did for me to read it.

http://www.metrokc.gov/kcdc/scglos.htm

[sunshine08]

Thanks for the info -You saved us all valuable time. My trash needs to be taken to the dump, would you mind handling that for me while you are at it???????

[tlk9]

I looked at your link sunshine and it didnt give me a detailed example,I beleive it to mean(in laymans terms) that if you file and lie they dismiss your case with prejudice meaning they can prove wrongdoing in other words blatant fraud and then you cannot file again for the alotted amount of time (10 years),and if you file and there were reasons to believe without substancial proof that you are committing fraud(i. e. not showing at 341 and being uncooperative) you start over again and they spank you and dismiss without prejudice,either way dont sound good to me. hmm does this sound right?

[tlk9]

minnymouth I bet you wish this was over,you have been at it a very long time,Why so long,it says you were discharged back in september,I hope mine doesnt last that long I think I will go insane if it did.

[Genenco]

Hmmmm...Here and I thought that "With predijudice" meant the trustee was a racist and admitted it!

[StaciMM]

I think that 'with prejudice' they set the amount of time you can't refile. I recall browsing records from district several months ago, and there was someone who was dismissed w/ a limit of 5 years on refiling. (He had filed pro se 5X in 2 years. Always submitted only the emergency petition w/ creditor matrix & application to pay filing fee in installments. Never paid a single payment on the filing fee though, so each time it was dismissed. Its a little sad that it took 5X to get their attention. I assume he was putting off foreclosure...)

[edwards2]

I too have wondered what dismissed with or w/o prejudice meant... I read the link Lightning provided and it did clear it up for me. I have to admit some posts make it sound more confusing than it needs to be.

[Minnymouth]

tk9,
My BK was a very unusual case..... yes I have been discharged since Oct of 2004 - but my case is still open!!!
If you read some of my threads you will understand the situtation...

Chances of anything like that happening to you are a million in one........ You still have a million to go thru again before it happens again to someone....

Minny

[tlk9]

Well my is a little complicated also(to me) but maybe not to anyone else,but I hope yours finishes soon minny so you can get on with your life and hopefully start over with a clean slate.Have a VERY happy New Year..