The ultimate goal when you file for bankruptcy is to receive a Bankruptcy Discharge Order from the bankruptcy court.
Your bankruptcy discharge is the court order that releases you from personal liability on certain debts. You are no longer legally obligated to pay back any debts that are part of your bankruptcy discharge. The creditors of discharged debts can never legally attempt to collect payment on those debts.
The Bankruptcy Discharge Order is issued by the bankruptcy court at the end of a successful bankruptcy case.
Can a Bankruptcy Discharge Be Revoked?
Technically speaking, yes – a bankruptcy discharge may be revoked, though it is rare and is only possible in limited circumstances.
The bankruptcy court may revoke a discharge order under certain circumstances. However, generally any revocation of discharge is in response to some malfeasance on the part of the debtor.
In a Chapter 7 bankruptcy, the bankruptcy trustee, United States Trustee, or a creditor may request that the bankruptcy court revoke a debtor’s discharge based on certain allegations, including that the debtor:
- Obtained the discharge fraudulently (committed bankruptcy fraud),
- Failed to disclose the fact that he or she acquired, or became entitled to acquire, property that would constitute property of the bankruptcy estate (hid assets),
- Failed to explain any misstatements discovered in an audit of the case or failed to provide documents or information requested in an audit of the case, or
- Committed an act of impropriety described in section 727(a)(6) of the Bankruptcy Code:
- The debtor has refused, in the case:
- (A) to obey any lawful order of the court, other than an order to respond to a material question or to testify;
- (B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or
- (C) on a ground other than the properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify[.] 11 U.S.C. §727(a)(6).
Bankruptcy Discharge Revocation is Rare
So long as you are honest in your bankruptcy petition, at the 341 Hearing, and provide any documents requested of you and answer questions asked, it is very unlikely that your bankruptcy discharge would be questioned.
Read our article Can Creditors Object to the Bankruptcy Discharge?
We Are Here to Help You Get Out of Debt
When you hire the Law Office of Barbara B. Braziel, you are hiring experienced bankruptcy attorneys with over 35-years of successful bankruptcy filings.
Together we will work through the bankruptcy petition. Prior to filing you will review your entire bankruptcy petition to ensure that is it complete and accurate. We will prepare you for the bankruptcy 341 Hearing so you feel confident in answering the Trustee’s questions honestly and accurately. The experienced attorneys at The Law Office of Barbara B. Braziel are committed to making the bankruptcy process as smooth as possible for all of our clients.
We’re located in the Savannah, GA area. Contact us for a free consultation to discuss the benefits of filing for bankruptcy.
Reach out to us by email at info@BrazielLaw.com or call (912) 351-9000.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.