Michigan Bankruptcy Lawyers - Can a bankruptcy discharge be revoked?:
Any discharge can be revoked within one year of final court approval. The basis for revocation is limited to specific reasons provided within the Code. The mechanism for discharge usually begins with a motion, filed by a creditor or their bankruptcy lawyer, seeking to reopen a closed case based on new evidence discovered by a creditor's the bankruptcy lawyer.
Michigan Bankruptcy Lawyers - In Practice:
A trustee, creditor, the US trustee, or their respective bankruptcy lawyers may request revocation in a Chapter 7 case if the debtor obtained the discharge fraudulently; or the debtor failed to disclose property acquisitions that would have become property of the bankruptcy estate; or the debtor acted willfully, intentionally, or maliciously deceiving a party in interest. To revoke a bankruptcy discharge, an interested party may file a motion requesting the court reopen the case. Based upon notice and a hearing to all parties and bankruptcy lawyers, the court reviews the basis of the request and must deny reopening unless the objecting party carries the burden of proof. Admissible proof, according to the Federal Rules of Evidence is required, and the objecting party must prove, more likely than not, that discharge was improper. The most common reason for revocation is a fraudulent misrepresentation of material facts.
Bankruptcy lawyers must carefully review each debtor's financial affairs before suggesting any particular remedy. Because each client is unique, all alternatives may not be available. Also, bankruptcy lawyers often offer different opinions regarding available alternatives in the same circumstance, based on each bankruptcy lawyer's personal level of legal expertise. All potential debtors should consider the opinions of at least two, and preferably three consumer bankruptcy lawyers to discover all available alternatives.
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