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Creditors can challenge confirmation of the payment plan, however can not object to the discharge if the debtor has actually completed 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 received a discharge under chapter 7 or chapter 11 in a case submitted within eight years before the 2nd petition is filed.

A debtor is disqualified for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case submitted four years prior to the present case or in a chapter 13 case submitted two years prior to the current case. Can the discharge be withdrawed? The court may withdraw a discharge under certain scenarios.

trustee might request that the court revoke the debtor's discharge in a chapter 7 case based on allegations that the debtor: acquired the discharge fraudulently; stopped working to disclose the reality that he or she acquired or ended up being entitled to acquire home that would constitute property of the personal bankruptcy estate; committed one of numerous acts of impropriety described in section 727(a)( 6) of the Bankruptcy Code; or failed to explain any misstatements found in an audit of the case or stops working to supply files or details requested in an audit of the case.

Bankruptcy Discharge: What Is It?

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The court will decide whether such claims are real and, if so, whether to revoke the discharge. In chapter 11, 12, and 13 cases, if confirmation of a strategy or the discharge is gotten through scams, the court can withdraw the order of confirmation or discharge. May the debtor pay a released financial obligation after the bankruptcy case has been concluded? A debtor who has received a discharge may willingly pay back any discharged financial obligation.

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Facts About The Chapter 13 Discharge - Bankruptcy - ARM Lawyers Uncovered

Often a debtor consents to pay back a financial obligation because it is owed to a member of the family or since it represents a responsibility to a private for whom the debtor's track record is essential, such as a family physician. What can the debtor do if a lender attempts to collect a discharged financial obligation after the case is concluded? If  More Details  on a discharged debt, the debtor can submit a motion with the court, reporting the action and asking that the case be resumed to resolve the matter.