Bankruptcy Revocation of Discharge – What is it?

Discharge Revocation

Although it happens rarely, the trustee or creditor can ask the court to revoke the discharge of all the consumer’s debts in bankruptcy, if they are able to convince the court that the consumer committed fraud. Whether or not the consumer is guilty of the accusation, it might be too tough a case for him/her to handle alone, and it is best that he/she hires the expertise of a bankruptcy lawyer.

Before the revocation of the discharge, the trustee or the creditor, whoever requested it, must first prove to the court the following:

• That the consumer obtained the discharge via fraud.
• That it was an intentional or deliberate act, on the part of the consumer, if the trustee did not know of the new property within the 180 days after he/she filed bankruptcy.
• The trustee or the creditor remembered that the consumer failed or refused to answer some of the important questions during the hearing.