How a Discharge of Debt Can be Revoked in Bankruptcy

A personal bankruptcy relieves the debtor of unsecured debt that he cannot repay with a discharge of the debts listed in the bankruptcy case. These unsecured debts include such debt as credit card balances, medical bills, dental bills, payday loans, utility bills, and other personal loans. After a bankruptcy petition has been approved and the case has been settled through the courts, these debts are wiped out in what is termed a discharge of debt. This discharge by the court, however, can be revoked under certain circumstances.

According to information published by the U.S. Court, those circumstances include allegations that the debtor obtained his or her discharge on a fraudulent basis, that the debtor failed to disclose the fact that he or she acquired property that would have been considered bankruptcy estate property, committed other improper acts in violation of the U.S. Bankruptcy Code, that the debtor failed to explain misstatements in an audit of the case, or failed to provide requested documents or information. Generally, a request to revoke the discharge is filed within one year of the discharge taking place. In such a case, the bankruptcy court must review the case to decide whether the allegations are true and if the revocation should occur. In any case of proven fraud, the court can revoke the discharge confirmation.

Bankruptcy Law Firm in Miami, Florida

All bankruptcy cases are subject to the laws, rules, and procedures as laid out by the federal government and / or the state in which the case is filed. Ensuring that your case is handled and submitted properly according to the law is vital for a smooth resolution which is not delayed or denied by the court. In the case of fraud, even if done so inadvertently, you may also incur criminal charges if found guilty. You may also require legal help to learn whether you are eligible and how bankruptcy exemptions apply to you. All of this advice and guidance can be obtained, along with other pertinent educational points, at The Botros Law Firm, located in Miami.

Lead attorney Botros handles all types of debt relief, from personal bankruptcies under Chapter 7 or Chapter 13 to debt negotiation, debt consolidation, and other alternatives. If you are facing creditor harassment, a foreclosure, repossession, wage garnishment, or other legal action, you owe it to yourself to learn what can be done to effectively resolve the matter. Contact the firm for a free consultation concerning the particulars of your debt situation. The sooner you take action, the sooner you will be on your way to financial recovery.