What does it mean when a case has been dismissed with prejudice?

A dismissal with prejudice means that the court has made a final determination on the merits of the case, and the debtor is now forbidden from filing another bankruptcy for a designated period of time. This bar from refiling will be set by the Judge in the dismissal order and can be from a couple of months to several years. The dismissal of bankruptcy cases with and without prejudice is authorized by the Bankruptcy Code (the Code). Generally, dismissals are ordered without prejudice. However, if the Court feels that the individual is abusing the bankruptcy process, they may dismiss the case with prejudice. Your attorney can give you a more detailed explanation of a dismissal with prejudice, and every situation is different. If you are concerned, be sure to give us a call at 757-276-6555!

Edrie Pfeiffer
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Edrie Pfeiffer, Bankruptcy & Divorce Attorney