Jeffrey M. Rosenblum, P.C.
A Fresh Start

Explaining the revocation of a debt discharge

Going through a bankruptcy filing is stressful. When you realize that you need to file for Chapter 13 bankruptcy in Long Island, you should do so with the help of an experienced bankruptcy law attorney. You will want help when filing and navigating the entire process, so you can have your questions answered and know what to expect. Today, we will explain the revocation of a debt discharge and how it affects you.

It is possible for a discharged debt to be revoked. It can be done so if a creditor, trustee or United States trustee requests that the court revoke the debt based on allegations. The allegations that can be levied against the debtor include any of the following:

  • The discharged debt was obtained using fraud
  • The debtor did not disclose that he or she acquired property that constituted property of a bankruptcy estate
  • The debtor committed an act that is outlined in the bankruptcy code known as an act of impropriety
  • The debtor did not explain a misstatement that was uncovered in an audit
  • The debtor did not provide the documents requested when the case was audited

In order for a discharged debt to be revoked, the request to do so must be done within one year of the debt being discharged. The court will make a determination if any of the allegations levied against the debtor are true and call for a revocation of the discharged debt.

Are you getting ready to file for Chapter 13 bankruptcy in New York? An experienced bankruptcy law attorney will help you learn more about what it is you need to do in order to get the process moving.

Source: Findlaw, "The Debt Discharge in Bankruptcy FAQ," accessed Dec. 22, 2017

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