Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

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Ask a Bankruptcy Lawyer for Help – Expand Your Options Quickly

If you are thinking about filing Chapter 7 or Chapter 13 bankruptcy, you are not alone. Complete the form below to contact a sponsoring bankruptcy lawyer. Ask all questions you deem important without cost or obligation of any kind. Free help is only a few minutes away.

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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.

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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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