I'm no expert on bankruptcy law but I think my brother in law lied during his bankruptcy case. He filed chapter 7 and got a discharge of a whole lot of debt. So I'm wondering if it's possible that if someone finds out about his lies he might have his discharge revoked and then be responsible for the debt all over again. Is that possible? Thank you.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Revoking bankruptcy discharge
Yes, it is possible. You don't give many details about the bankruptcy or the alleged lie, but a trustee or a creditor can request that a debtor's discharge be revoked for several reasons, including that the debtor committed fraud, the debtor did not disclose assets that should have been included in the bankruptcy estate, or the debtor committed any act spelled out in Section 727(a)(6) of the United States Bankruptcy code. You also did not mention the dates involved, but such a request for revocation of discharge must typically be filed within one year of the granting of the discharge. Hope that helps.