CAN THE COURT REVOKE A DISCHARGE?

There are certain circumstances under which a discharge can be revoked. In a Chapter 13 case, a discharge can be revoked if it was obtained through fraud. In a Chapter 7 filing, the discharge can be revoked under any one of these conditions:

• The discharge was obtained fraudulently.
• The debtor failed to disclose that he or she acquired or became entitled to property that would belong to the bankruptcy estate.
• The debtor failed to explain misstatements that were discovered in an audit of the case.
• The debtor failed to provide documents or information requested in an audit of the case.

Discharge can also be revoked if the debtor committed any of the acts of impropriety listed in section 727(a)(6) of the Bankruptcy Code, including:

• Failing to obey a lawful order of the court, except for an order to testify or respond to a material question
• Choosing not to testify or respond to a material question approved by the court by citing your right not to testify against yourself, even though you were already granted immunity by the court
• Choosing not to testify or respond to a material question approved by the court for reasons other than your right not to testify against yourself.