The The Chapter 13 Discharge - Bankruptcy - ARM Lawyers PDFs

Financial institutions can challenge verification of the payment strategy, however can not object to the discharge if the debtor has actually finished making strategy payments.  This Site  get a second discharge in a later chapter 7 case? The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within 8 years before the second petition is filed.

A debtor is disqualified for discharge under chapter 13 if he or she received a previous discharge in a chapter 7, 11, or 12 case filed 4 years before the current case or in a chapter 13 case filed two years before the present case. Can the discharge be revoked? The court might withdraw a discharge under certain circumstances.

trustee might request that the court revoke the debtor's discharge in a chapter 7 case based on accusations that the debtor: acquired the discharge fraudulently; failed to divulge the fact that she or he acquired or ended up being entitled to get residential or commercial property that would constitute property of the personal bankruptcy estate; committed one of a number of acts of impropriety described in section 727(a)( 6) of the Insolvency Code; or failed to discuss any misstatements found in an audit of the case or fails to supply documents or info asked for in an audit of the case.

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The court will choose whether such accusations are true and, if so, whether to revoke the discharge. In chapter 11, 12, and 13 cases, if confirmation of a strategy or the discharge is acquired through scams, the court can withdraw the order of confirmation or discharge. May the debtor pay a discharged debt after the insolvency case has been concluded? A debtor who has received a discharge may willingly repay any released debt.

Do these things suck? ~~ Bankruptcy ~ Julibeth Schofield ~~

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In some cases a debtor concurs to repay a debt because it is owed to a relative or since it represents an obligation to a private for whom the debtor's reputation is necessary, such as a family practitioner. What can the debtor do if a lender tries to collect a released financial obligation after the case is concluded? If a lender attempts collection efforts on a released financial obligation, the debtor can file a movement with the court, reporting the action and asking that the case be reopened to resolve the matter.