Creditors can object to confirmation of the repayment strategy, however can not object to the discharge if the debtor has finished making strategy payments. https://jeffchild8.bloggersdelight.dk/2022/01/25/some-known-factual-statements-about-bankruptcy-information-division-of-revenue-state-of/ receive a 2nd 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 eight years prior to the 2nd petition is submitted.
A debtor is disqualified for discharge under chapter 13 if he or she got a prior discharge in a chapter 7, 11, or 12 case submitted 4 years prior to the existing case or in a chapter 13 case submitted two years before the current case. Can the discharge be revoked? The court might revoke a discharge under particular circumstances.
trustee may ask for that the court revoke the debtor's discharge in a chapter 7 case based on claims that the debtor: gotten the discharge fraudulently; stopped working to divulge the reality that he or she acquired or became entitled to obtain residential or commercial property that would constitute property of the personal bankruptcy estate; dedicated one of a number of acts of impropriety explained in area 727(a)( 6) of the Bankruptcy Code; or failed to discuss any misstatements found in an audit of the case or fails to offer documents or details requested in an audit of the case.
The court will choose whether such allegations are true and, if so, whether to revoke the discharge. In chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can withdraw the order of verification or discharge. May the debtor pay a released financial obligation after the personal bankruptcy case has been concluded? A debtor who has actually received a discharge may voluntarily pay back any discharged debt.
Often a debtor agrees to repay a debt since it is owed to a member of the family or because it represents a commitment to a specific for whom the debtor's reputation is very important, such as a family physician. What can the debtor do if a financial institution tries to collect a released financial obligation after the case is concluded? If a financial institution attempts collection efforts on a released financial obligation, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to resolve the matter.