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Have you filed for bankruptcy and received a full or partial discharge of your debts? This can be a great relief, however, it may not be permanent. In some cases, the bankruptcy court that awarded your discharge can revoke it, meaning you’ll have to make payments on your debts again. Here’s the facts about bankruptcy discharge revocation and how an experienced attorney can assist you.
When you are granted a discharge in a bankruptcy, you no longer have to pay the bills that were included in the discharge. This can be extremely helpful in regaining your financial footing. However, if the court finds evidence of misrepresentation or fraud, your discharge may be revoked. Your creditors or the trustee overseeing your bankruptcy case can file a motion for a revocation of your bankruptcy discharge. In most cases, a revocation can only be requested within a year of the discharge date or case closure.
After being awarded a Chapter 7 bankruptcy discharge, there are some circumstances under which it can be rescinded, such as:
It’s often less difficult for a bankruptcy trustee or creditor to request that a discharge be revoked for a Chapter 13 bankruptcy, because the burden of proof tends to be lower. The only evidence that must be shown for a court to grant the revocation request is that the individual accused has committed fraud on their Chapter 13 application with the express purpose of getting their debts discharged and that the trustee or creditor remained unaware of the fraud until much later, once the discharge was already granted.
Are you struggling under what seems to be insurmountable debt or are looking at the possibility of having an awarded discharge rescinded? Does it feel like no matter how many payments you make, you just can’t get ahead? Grace Lea Chang can assist you. Call for your consultation today at (626) 792-5888.
LOCATION:
301 E. Colorado Blvd.,
Suite 325,
Pasadena, CA 91101
FAX:
(626)792-6886
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.