Order of disposition, explain in plain language?

[Pjmax]

I filed C7 on 8/29, 341 on 9/27. I received the following today, dated 9/10, in reference to a CC judgement. I think I know what it is saying, but I would appreciate any help in deciphering the legalese in case there is anything I'm not reading correctly.

"Civil Action Order of Disposition on Account of Bankruptcy Filing

This court has been advised that the party/parties listed below ("the debtors") has/have filed a petition in bankruptcy. Accordingly, all claims pending herein by/against such petitioner in bankruptcy are dismissed, without prejuduce and without costs, subject to restoration pursuant to 11 U.S.C. Section 362."

There are further paragraphs that read like the plaintiff has the right to reinstate if BK is dismissed. I'm guessing this dismisses the judgement. So, except for BK dismissal, what does this mean as to the status of the judgement? Will a Motion to Vacate the Judgement still be needed after discharge?

Thank you for the help.

[AngelinaCat]

Yes, you are reading this correctly. If your BK is successfully discharged, then this lawsuit goes away, and they can't bother you again. However, if for some reason your case gets Dismissed, then the Plaintiff can sue you again. That is what the term 'dismissed without prejudice' in this document means. Had it read 'dismissed WITH prejudice' then the plaintiff cannot ever bring it up again. Ever. Period.

Now, having said that, you need to know that in Bankruptcy terms, 'Discharged' and 'Dismissed' mean two totally different things. 'Discharged' means that you have successfully completed all the requirements with paperwork, etc., and no creditor has file claim again your BK, and after 60 days, the BK court then rules that your legally discharged debts, ARE discharged, and you are from that point onward, under no legal obligation to repay those debts.

If your case is 'Dismissed', that means that there are errors in your paperwork serious enough, or you do not fulfill some requirement like attending your 341, or filing your certificate of completion, for a debtor's education course, or there is evidence of fraud enough to make the BK court rule that your filing is defective, your case will be thrown out. The Automatic Stay is lifted, and the creditor may resume his lawsuit, and you will back where you started.

Please forgive me if this sounds a little condescending, but we have some new members who are confusing the two terms, and are getting totally confused. I am using this opportunity to help clear this up.

Thanks!

ETA: I re-read your post. If you already have a judgment in place, the Discharge will get rid of the underlying debt and the Plaintiff cannot collect. However, you will need to petition the civil court to 'Vacate the Judgment' to get it off your record and credit reports.

[Pjmax]

Thank you AngelinaCat. Not condescending at all. I really appreciate the clarification.