This is probably a very stupid question, but can the official "discharge" ever be rescinded? The only thing I can think of is with a "totality" case, but that's probably extremely rare. I am discharged, but case is still open most likely pending 09 refund. Fortunately, CRAs mostly update showing IIB status already. It's not 100% complete yet, but will deal with the remaining items on the CRAs not showing proper status soon.
-
Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months -
My understanding is that once a discharge is granted the only way it can be rescinded in its totality is for being "abusive," essentially some type of fraud.
Having said that, individual creditors can petition to reopen the case. If that petition was granted and found in the creditor's favor, your discharge would be rescinded *for that creditor* only.So the poor debtor, seeing naught around him
Yet feels the narrow limits that impound him
Grieves at his debt and studies to evade it
And finds at last he might as well have paid it. -
It can be revoked/vacated for cause. Now, just what defines cause is what's on everyone's mind. That could include actual fraud or even judicial error. Yes, some have accidentally received discharges earlier than they were supposed to, and the (early) discharge was vacated.
The reason why I write that "abuse" is not a standard, is because "abuse" and "totality of circumstances" complaints are filed before discharge. Actual fraud is different and has different penalties. So mere "abuse" shouldn't affect a discharge once granted.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
Bankruptcy Wizard
Comment