Florida Bankruptcy Lawyer FAQ - "Can a bankruptcy discharge be revoked?"

Any discharge can be revoked within one year of final court approval. The basis for revocation is limited to specific reasons provided within the code.

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A trustee, creditor, or the US trustee may request revocation in a Chapter 7 case if the debtor obtained the discharge fraudulently; or the debtor failed to disclose property acquisitions that would have become property of the bankruptcy estate; or the debtor acted willfully, intentionally, or maliciously deceiving a party in interest. To revoke a bankruptcy discharge, an interested party may file a motion requesting the court reopen the case. Based upon notice and a hearing, the court reviews the basis of the request and must deny reopening unless the objecting party carries the burden of proof. Admissible proof, according to the Federal Rules of Evidence is required, and the objecting party must prove, more likely than not, that discharge was improper. The most common reason for revocation is a fraudulent misrepresentation of material facts.

Be aware the application of law to each individual is unique. Depending upon personal assets, liabilities, and financial history, all benefits may not be available. The most successful debtors retain Florida bankruptcy lawyers and plan well in advance. Through planning, with the assistance of qualified Florida bankruptcy lawyer, optimal timing, selective payments, and exemptions are most likely to be achieved without question.

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