Typically, a request to revoke the debtor's discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge.

In a chapter 11, 12 and 13 case, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge.

Q: May the debtor pay a discharged debt after the bankruptcy case has been concluded?

A: A debtor who has received a discharge may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor's reputation is important, such as a family doctor.

Q: What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

A: If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.

Q: Can an employer terminate a debtor's employment solely because the person was a debtor or failed to pay a discharged debt?

A: The law provides express prohibitions against discriminatory treatment of debtors by both governmental units and private employers. A governmental unit or private employer may not discriminate against a person solely because the person was a debtor, was insolvent before or during the case, or has not paid a debt that was discharged in the case.

The law prohibits the following forms of governmental discrimination against bankruptcy debtors:

• Terminating an employee;
• Discriminating with respect to hiring; or
• Denying, revoking, suspending, or declining to renew a license, franchise, or similar privilege.

A private employer may not discriminate with respect to employment (hiring, promotion, unequal treatment, termination, etc.) if the discrimination is based solely on the bankruptcy filing.