Revocation of a Bankruptcy Discharge
A San Jose bankruptcy attorney discusses Revocation of a Bankruptcy Discharge
In certain situations, the United States bankruptcy court can revoke a discharge received by the debtor. Often times such revocations involve allegations that the debtor obtained the discharge fraudulently. A request for revocation may be made by the trustee, a creditor or the United States trustee. Another reason for revocation is when a debtor failed to disclose property that he or she had acquired and which should have been considered in the bankruptcy process. If there is an audit of the case, a revocation may also be requested based upon the debtor’s failure to explain any discovered misstatements or to provide requested documentation and/or information.
Other reasons for revocation include the debtor’s failure to obey a lawful order of the court or to respond to a material question approved by the court or to testify other than on the properly invoked privilege against self-incrimination. For the most part, a request for revocation must be made within a year following the discharge or in some situations, before the case is closed. Ultimately it is up to the court to decide whether the allegations are true and whether to grant the request for revocation.
In a Chapter 11 or Chapter 13 case, allegations of fraud are also common in requesting revocation of the order of confirmation or discharge.
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