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Bryan P. Keenan

Should I worry about a Chapter 7 bankruptcy discharge revocation?

Pittsburgh residents who file for Chapter 7 bankruptcy do so under the belief that their debts will be cleared after the process is completed. Once they have followed all the requirements of a Chapter 7 liquidation, they have a reasonable belief that they can move forward. Still, there are concerns that debtors might have even after they have completed their filing. One concern is that the Chapter 7 approval might be revoked.

Understanding the circumstances under which the discharge can be revoked is useful if there is an attempt on the part of the bankruptcy trustee to do so. The trustee or a creditor can ask that the court revoke the discharge if it was obtained through fraudulent means. For example, if the person did not inform the court of property that would have been subject to liquidation had the court been aware of it, the discharge could be revoked.

Another reason for a revocation is if the applicant acted improperly or if the case was audited and documents or other information regarding misstatements were not adequately explained. In general, a revocation request can only be made within a year of the discharge or at some point prior to the closing of the case. When there are allegations that the debtor behaved in a way that violates the law under Chapter 7, it is up to the court to decide whether to revoke the Chapter 7 discharge.

Provided a debtor follows the law under Chapter 7 and is upfront about all the property they own, there should not be a problem so severe that a revocation will be requested. It is possible, however, that issues could arise that make an entity involved in the case request a revocation. When filing for Chapter 7 bankruptcy, it is wise to have legal help throughout the process. After the filing has been completed and there are problems that make a Chapter 7 revocation possible, it is also beneficial to have legal representation from a firm experienced in all aspects of bankruptcy law.

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Bryan P. Keenan & Associates, P.C.

993 Greentree Road
Suite 101
Pittsburgh, PA 15220

Phone: 412-923-4941
Fax: 412-444-0158
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