California Bankruptcy Lawyers - "Can a bankruptcy discharge be revoked?"
Any discharge can be revoked within one year of final court approval. The basis
for revocation is limited to specific reasons provided within the code. The court, the trustee, a bankruptcy
lawyer representing the trustee, or any interested party or their bankruptcy lawyer may file an a motion seeking
revocation of discharge.
California Bankruptcy Lawyer & Law Firm In Practice
A trustee, creditor, their bankruptcy lawyers, or the U.S. trustee may request revocation in a Chapter 7
case if the debtor obtained the discharge fraudulently; or the debtor failed to disclose property acquisitions that would
have become property of the bankruptcy estate; or the debtor acted willfully, intentionally,
or maliciously deceiving a party in interest. To revoke a discharge, an interested party or their bankruptcy
lawyer may file a motion requesting the court reopen the case. Based upon notice and a hearing, the court reviews
the basis of the request and must deny reopening unless the objecting party and their bankruptcy lawyer carry
the burden of proof. Admissible proof, according to the Federal Rules of Evidence is required, and the objecting
party must prove, more likely than not, that discharge was improper. The most common reason for revocation is a
fraudulent misrepresentation of material facts.
All prudent debtors have questions about applicable laws before filing. The best source of legal advice is a qualified
bankruptcy lawyer with substantial, current experience practicing before federal courts. Because state and federal laws change frequently,
the results
achieved by bankruptcy lawyers for their clients also change frequently in direct response to these
amendments. Depending upon the personal goals and situation of each debtor, all options may not
apply. The best bankruptcy lawyers are intimately familiar with all options, as an assortment of tools, that may
be combined creatively to maximize client benefits.
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