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A debtor is disqualified for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case submitted four years prior to the present case or in a chapter 13 case submitted 2 years prior to the existing case. Can the discharge be withdrawed? The court might revoke a discharge under particular circumstances.
trustee might request that the court withdraw the debtor's discharge in a chapter 7 case based upon accusations that the debtor: acquired the discharge fraudulently; stopped working to reveal the fact that he or she got or ended up being entitled to get property that would constitute property of the insolvency estate; devoted one of a number of acts of impropriety explained in section 727( a)( 6) of the Bankruptcy Code; or stopped working to explain any misstatements discovered in an audit of the case or stops working to provide documents or info asked for in an audit of the case.
The court will decide whether such allegations are real and, if so, whether to withdraw the discharge. In chapter 11, 12, and 13 cases, if verification of a strategy or the discharge is gotten through fraud, the court can revoke the order of verification or discharge. May the debtor pay a discharged financial obligation after the insolvency case has been concluded? A debtor who has actually gotten a discharge might willingly repay any discharged debt.
In some cases a debtor accepts repay a debt due to the fact that it is owed to a relative or because it represents a commitment to a specific for whom the debtor's credibility is very important, such as a family physician. What can the debtor do if a financial institution attempts to gather a discharged debt after the case is concluded? If Another Point of View tries collection efforts on a discharged debt, the debtor can submit a movement with the court, reporting the action and asking that the case be resumed to resolve the matter.
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The discharge constitutes a permanent statutory injunction