Q: Can I sue a person whose BR case was dismissed w/o prejudice?
I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?
The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.
Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.
Timothy Denison agrees with this answer
A: Yes to both questions. Yes, you can sue her again. Yes, she can file bankruptcy again if you sue her.
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