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my bankruptcy was dismissed without prejudice about a year ago because my attorney screwed up and told the judge that I was out of the country, so the judge decided to dismiss without prejudice. I of course wanted the bankruptcy to be discharged. Can I file again? and how long after the first time? also I first filed in California, can I file again from New York because that’s where I live now?

Any help Please?


2 Thoughts on my bankruptcy was dismissed without prejudice about a year ago.?
  1. Reply
    December 26, 2012 at 2:26 am

    If it was dismissed without prejudice, you should be able to file again. You should file in your current state of residency.

  2. Reply
    December 26, 2012 at 3:19 am

    Why would you file for bankruptcy when it resides on your credit report for the next 10 years. Even if you pay off the derogatory debt in a Chapter 13, the bankruptcy still dwells on your credit report.

    There are other options which you could take which would eliminate your debt without the bankruptcy derogatory mark. During this credit crunch most people and companies they hire (debt settlement, debt consolidation, credit repair companies, etc.) withhold the payment from the creditor.

    When an individual defaults on a credit card, the creditor writes the debt off as a loss on their taxes and sells the derogatory debt to a collection agency for 10 to 20 cents on the dollar. Then you have the collection agency harassing you for the debt.

    We have laws that protect us as a consumer from these collection agencies as well as the derogatory debt that is placed on our credit report. We can use these laws to eliminate the debt. Settling should be your last option, never mind bankruptcy.

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