Filing for bankruptcy can allow you to have some or all of your debts discharged depending on the type of bankruptcy you file. That said, there are some circumstances that would cause the bankruptcy court to revoke your discharge. This means you would have to pay your debts again. Here’s what you should know about having your discharge revoked after filing bankruptcy.
Who Can Request a Discharge Revocation?
There are many reasons a bankruptcy discharge may be revoked, however, most of them are generally related to factual misrepresentation on your bankruptcy application or attempted fraud. To request that your discharge be revoked, the entity doing so must either be the bankruptcy trustee presiding over your case, your creditors, or another party with a financial interest in your claim.
To request that a discharge be revoked, the interested party must do so within a year of the date you were awarded the discharge or your case was closed, depending on whether you filed for a Chapter 7 or a Chapter 13 bankruptcy.
Discharge Revocations for Chapter 7 Bankruptcy
If you successfully filed a Chapter 7 bankruptcy and were awarded a discharge, you may face revocation under the following circumstances:
- You committed fraud on your bankruptcy claim but evidence wasn’t found until after your discharge was issued
- You did not fully disclose your nonexempt assets
- You submitted to a bankruptcy audit without providing all the necessary paperwork
- You made a material misrepresentation
- You were given court orders that you did not follow
Discharge Revocations for Chapter 13 Bankruptcy
It’s somewhat easier for creditors and other interested parties to request to revoke a discharge for a Chapter 13 bankruptcy than it is to request the same for a Chapter 7 bankruptcy. To do so, all the interested parties must be able to demonstrate is that you committed fraud on your bankruptcy application for the purpose of receiving a discharge and that they did not know about the fraud until the court already granted the discharge.
When to Reach Out to a Seasoned Bankruptcy Attorney
Are you overwhelmed with crushing debt that you just can’t seem to get ahead of no matter how many payments you make? Or have you gotten a bankruptcy discharge but are facing the possibility of having it revoked and having to pay debts you can’t afford again? An experienced Texas bankruptcy lawyer can help. Call Sims Bankruptcy Law, PLLC today for a consultation at 469-751-7467 (DFW) or 254-304-7161 (Central Texas).