Bankruptcy Dismissals
When the sole defendant is in bankruptcy, the case will be dismissed without prejudice, subject to restoration. When one of multiple defendants files for bankruptcy, the case will be dismissed against that defendant and against any other defendants who may be covered by the bankruptcy order. If the case can be efficaciously prosecuted against the remaining, non-bankrupt defendants, it may proceed. As an alternative, a case may be dismissed without prejudice against all defendants, subject to being reinstated upon plaintiff’s application to proceed against all defendants or any particular defendant. [N.B. If a plaintiff files the bankruptcy petition, depending upon the circumstances, the case may or may not be dismissed or stayed.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
