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CAN THE DISCHARGE BE REVOKED?
A discharge can be revoked under certain circumstances.
For instance, a trustee, creditor, or the United States trustee
may request that the court revoke the debtor’s discharge
in a chapter 7 case based on allegations that the debtor
obtained the discharge fraudulently; the debtor failed to
disclose the fact that he or she acquired or became entitled
to acquire property that would constitute property of the
bankruptcy estate; or the debtor committed one of several
acts of impropriety described in section 727(a)(6) of the
Bankruptcy Code. Typically, a request to revoke the debtor’s
discharge must be filed within one year after the granting
of the discharge or, in some cases, before the date that
the case is closed. It is up to the court to determine whether
such allegations are true and, if so, to revoke the discharge.
In a chapter 13 case, if confirmation of a plan or the discharge
is obtained through fraud, the court can revoke the order
of confirmation or discharge.
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