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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A creditors as the plaintiff filed a small claim of 14K in

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A creditor's as the plaintiff filed a small claim of 14K in small claims court but this claim was discharged in a chapter 7 bankruptcy.
The creditor was supposed to contact the small claim court to let the small claim court know that claim was discharged in bankruptcy chapter 7.
The creditor did so over 5 months later and then the creditor dismissed the small claim court without prejudice.

Because the claim was discharged in bankruptcy chapter 7, can the creditor dismiss
the claim in small claim court as a dismissal without prejudice?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for using JA! I'll be glad to assist you.

If the debt was discharged in Chapter 7 bankruptcy, then it is not collectible by the creditor regardless of whether the dismissal was with or without prejudice.

The dismissal without prejudice is done just in case the bankruptcy was dismissed (and not discharge) or some other quirky circumstance occurred that would not bar the creditor from collecting. However, if the debt was discharged in your bankruptcy, then it is not collectible and you should have no worries regardless of whether the case was dismissed with or without prejudice.
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Customer: replied 3 years ago.

Is there some time limitations if a creditor can come back if they feel they found some kind of quirky thing.



The statute of limitations that applied to the claim would still apply. Thus, once the statute of limitations expires, the claim would be barred - - assuming it survived bankruptcy; but if it were discharged, you should be in the clear.

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