Can the Discharge be Revoked?

A discharge can be revoked under particular situation. For example, a trustee, creditor, or the United States trustee may demand that the court revoke the debtor’s discharge in a chapter 7 case based on allegations that the debtor received 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. Normally, a request to revoke the debtor’s discharge must be filed within 1 year after the granting of the discharge or, in some cases, previous to the date that the case is closed. It’s up to the court to decide whether such allegations are true and, if so, to revoke the discharge. In a chapter 13 case, if verification of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge.

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