Bankruptcy Discharge Revoke

When can a bankruptcy discharge be revoked?

A discharge of debts can be revoked at any time during following one year following the final order of relief granted by the court. The beginning date for the revocation calculation begins on the date appearing on the signed court order. Revocation is considered a serious matter and may be initiated based upon the court's own motion or the motion of any interested party. After a bankruptcy discharge, revoke motions must specifically allege one of a limited number of circumstances that justify revocation.

Why can an interested party object?

The legal basis for a motion for revocation are set forth in code. Primarily, these reasons relate to intentional deception pertaining to either hiding assets or misrepresenting debts. The code goes further, and in the case in intentional fraud for the purpose of defrauding creditors, authorizes criminal liability and incarceration. Because of the higher standard of proof required in quasi-criminal proceedings (beyond a reasonable doubt), courts tend to require clear and convincing proof to overturn the legal presumption favoring discharge.

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