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Virginia Bankruptcy Law - "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.
Virginia 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.
Be aware that all options are not available to all debtors. The availability of alternatives depends on
several factors. State & federal laws change frequently through the legislative process and through court
interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and
customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and
selection of options before filing.
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