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Texas Bankruptcy Lawyers - "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. Revocation may be instigated by a lawyer
who files a motion to reopen closed cases and re-argue discharge issues.
Texas Bankruptcy Lawyers In Practice
A trustee, creditor, creditor lawyer, 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 or their
lawyer may file a motion
requesting the court reopen the case subject to a statutory period of limitation.
Based upon notice and a hearing, the court reviews the basis of the request and must deny reopening unless the objecting party
or lawyer 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.
All debtors and their attorneys have questions about current laws.
Board certified consumer bankruptcy specialists in Texas refer to the
Code regularly, as well as review slip opinions of new case decisions as
they become available. The process is organic, in that the law,
benefits, rights and duties of debtors changes in response to the
current political environment, and in turn, require a constantly
changing approach in court to gain favor. Also be aware, each debtor and
their attorney are responsible for legal compliance with all Texas
bankruptcy laws regardless of actual knowledge of recent changes. For
this reason, debtors filing pro se seldom achieve the results as
favorable as debtors who are represented by a qualified consumer
specialists who is familiar with current changes and requirements.
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