Frankfort Law Group
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After individual bankruptcy, can the discharge be revoked?

Financial challenges can impact people across the spectrum in Indiana. Those who seemingly have great jobs and are financially secure can be hurt by debt just as easily as people who have been caught up in the struggling economy. There can be medical crises, job loss and mistakes made with credit and purchases that contribute to the financial turmoil. One strategy that is perfectly legal and has helped many on the way back to financial health is filing for bankruptcy.

While it might seem to be a relief to finally get a discharge, there are circumstances in which the discharge can be revoked. Understanding how to prevent a revocation or what to do if there is an attempt to revoke the discharge is key to a case. There are situations in which the discharge can be revoked. If the creditor or a trustee asks that there be a revocation in a Chapter 7 bankruptcy, it might be because the discharge was gotten through fraud.

If there was a failure to disclose property that had been acquired or that the debtor was entitled to and would have been considered part of the bankruptcy estate, this too can result in a request for revocation. If the case is audited and there are misstatements or a failure to provide necessary documents, this might be cause for an attempted revocation. In general, the attempt to revoke the discharge can only take place within one year of the discharge or, if the situation warrants it, before the case has been closed. It will be up to the court to decide if the allegations that sparked the attempt to revoke the discharge are valid and if there should be a revocation.

People who are relieved when their debts have been discharged through a Chapter 7 bankruptcy will undoubtedly feel fear and worry if they are informed that there is an attempt to revoke the discharge. There is no need to panic. Just as it is necessary to have legal help when filing for bankruptcy, it is also important to have legal advice if there is an attempted revocation of the discharge. Calling a law firm that understands all aspects of debt relief is vital to a case.

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