|
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.
Ohio Bankruptcy Law - In Practice
A trustee, creditor, or the US trustee 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, 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.
The operation of law pertaining to federal debt relief is complex. State law statutes, federal rules, and
decisions rendered by courts combine to establish a local standard for Ohio Bankruptcy Courts. Anyone who
considers filing should, at a minimum, balance short term requirements to long term benefits. Each debtor is
different. The most valuable benefits are a personal choice, with availability dependent upon the application of
law to unique circumstances.
Back to Ohio Bankruptcy Lawyer FAQ contents.
|
