MenuCan a Discharge be Revoked?
Once granted, a bankruptcy discharge may be revoked by the bankruptcy court for certain particular reasons. A chapter 7 discharge or chapter 13 discharge may be revoked due to fraud on the part of the debtor in obtaining the discharge within one year after the discharge. Within a year, or while the case is still open, a chapter 7 discharge may also be revoked (1) for acquiring property of the estate and not reporting it or surrendering it to the trustee or (2) for failure to obey certain court orders. A chapter 7 discharge may also be revoked due to problems arising out of a random audit.
Under Bankruptcy Rule 7001(4), a proceeding to revoke a discharge is an adversary proceeding. As an adversary proceeding, a number of formal procedural rules apply, including opportunities for the debtor to respond to the complaint and defend his or her discharge.
