- Author: George Haines
- Published
As much as you tried to understand and follow the complex process of filing for bankruptcy protection in Nevada, you may find yourself in a situation where your bankruptcy case is dismissed. Now, your creditors will be able to come after you because of your debts. The question is: what can you do now?
Bankruptcy Dismissals With or Without Prejudice
Your bankruptcy case may be dismissed by the court with prejudice or without prejudice.
Most bankruptcy cases are dismissed without prejudice which makes it easier to refile. So, what makes a with and a without prejudice case dismissal different?
A bankruptcy case dismissal without prejudice happens not because of unethical behavior but because of the failure to:
- file the correct and required bankruptcy forms;
- attend the meeting of creditors;
- meet requirements and deadlines;
- comply with the debtor’s education course;
- meet deadlines on payments for Chapter 13;
- submit pertinent documents to the bankruptcy trustee; and/or
- procedural errors.
On the other hand, bankruptcy case dismissal with prejudice may be imposed by the court for reasons of:
- using the automatic stay to stall time without the intention of completing bankruptcy;
- trying to hide assets through bankruptcy protection;
- failing to keep good records;
- exploiting the bankruptcy system; and/or
- inability to explain missing assets.
What To Do Next After a Bankruptcy Case Dismissal in Nevada?
In most cases, unless your case was dismissed with prejudice, you can reinstate your case by:
- correcting deficiencies;
- paying repayment plans on time; and/or
- submitting the correct and required documents.
You also have the option to file a new case.
Freedom Law is Here to Help
If you would like to find out if you can re-file or reinstate your bankruptcy case after dismissal in Nevada, and you want someone with plenty of experience to consult you and guide you through the process , we are ready to help. Please request a call-back by submitting a short online form. All initial consultations are free and confidential.
