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Creditors can object to verification of the repayment strategy, however can not object to the discharge if the debtor has finished making strategy payments. Can a debtor receive a second discharge in a later chapter 7 case? The court will reject a discharge in a later chapter 7 case if the debtor got a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is submitted.
A debtor is disqualified for discharge under chapter 13 if she or he received a prior discharge in a chapter 7, 11, or 12 case filed 4 years prior to the existing case or in a chapter 13 case filed two years prior to the existing case. Can the discharge be revoked? how do i get a copy of my bankruptcy may withdraw a discharge under certain circumstances.
trustee might ask for that the court withdraw the debtor's discharge in a chapter 7 case based on claims that the debtor: acquired the discharge fraudulently; stopped working to disclose the truth that he or she acquired or became entitled to obtain property that would make up residential or commercial property of the bankruptcy estate; committed among numerous acts of impropriety described in area 727(a)( 6) of the Bankruptcy Code; or stopped working to describe any misstatements found in an audit of the case or fails to supply documents or information asked for in an audit of the case.
The court will choose whether such claims hold true and, if so, whether to withdraw the discharge. In chapter 11, 12, and 13 cases, if confirmation of a strategy or the discharge is gotten through fraud, the court can revoke the order of confirmation or discharge. May the debtor pay a released debt after the insolvency case has been concluded? A debtor who has actually received a discharge may willingly pay back any discharged financial obligation.
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In some cases a debtor agrees to repay a debt since it is owed to a relative or due to the fact that it represents an obligation to a private for whom the debtor's track record is necessary, such as a family practitioner. What can the debtor do if a financial institution tries to collect a discharged financial obligation after the case is concluded? If a creditor attempts collection efforts on a released financial obligation, the debtor can submit a motion with the court, reporting the action and asking that the case be reopened to attend to the matter.
