New York Bankruptcy Lawyers - "Can a bankruptcy discharge be revoked?"

Any discharge can be revoked within one year of the date the judge signed the final order of approval. The reasons which justify revocation of a discharge are limited to specific US Code provisions, yet are subject to an expansive interpretation of bankruptcy lawyers representing creditors. Any creditor or their bankruptcy lawyer may request revocation at any time for up to one year.

New York Bankruptcy Lawyer - In Practice

A trustee, any creditor, the US trustee (oversight of local trustees), or their respective bankruptcy lawyers 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 bankruptcy discharge, an interested party 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 carries 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.

The majority of personal bankruptcy lawyers certified in consumer Chapter 7 and Chapter 13 cases offer free initial consultations. Potential clients may review all options available and ask any question deemed important. All attorneys are bound by the attorney client privilege and must zealously guard confidentiality. Because of recent amendments to new bankruptcy laws, by passage of the latest reform bill known as the Abuse Prevention Act of 2005, debtors will find qualification for debt relief somewhat more difficult. Yet these laws also present new options, alternatives, and means of discharging debt that were previously unavailable. Now, more than ever, the assistance of qualified representation before federal courts is essential to gain maximum benefits provided by law.

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