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Debts and discharge
Revocation of discharge
A court order that takes back a discharge already granted. The court revokes a discharge only on specific grounds, such as a discharge obtained through the debtor's fraud. 1
Talk to a lawyerHow it works
In Chapter 7, the trustee, a creditor or the U.S. trustee may ask for revocation. The court decides after notice and a hearing. 1
The grounds concern fraud, property that was not reported, refusal to follow court orders and audit findings that were never explained. 1
In Chapter 13, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or the discharge. 2
Grounds and time limits
| Ground | Time to ask |
|---|---|
| The discharge was obtained through the debtor's fraud, and the party asking did not know of it until after the discharge 1 | Within one year after the discharge is granted 1 |
| The debtor acquired, or became entitled to, property of the estate and knowingly and fraudulently failed to report it or hand it to the trustee 1 | Before the later of one year after the discharge and the date the case is closed 1 |
| The debtor committed a listed act of refusal, such as refusing to obey a lawful court order 1 | Same time limit as the row above 1 |
| The debtor failed to explain satisfactorily a material misstatement found in an audit of the case, or to provide records requested for an audit 1 |
Common questions
Can a Chapter 7 discharge be reversed after it is granted?
Only on the grounds the law lists, such as a discharge obtained through the debtor's fraud or property of the estate the debtor knowingly and fraudulently failed to report. The trustee, a creditor or the U.S. trustee must ask, and the court decides after notice and a hearing. 1
Is there a time limit?
Yes. A request based on fraud must be made within one year after the discharge is granted. A request based on unreported property or an act of refusal must be made before the later of one year after the discharge and the date the case is closed. 1
Can a creditor who knew about the fraud all along use it later?
The fraud ground applies when the party asking did not know of the fraud until after the discharge was granted. 1
Sources
Facing a request to revoke your discharge?
This is a lawsuit with a lot at stake. A bankruptcy lawyer in your state can review it with you.
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