Q: Can the discharge be revoked?

A: The court may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U.S. trustee may request that the court revoke the debtor's discharge in a chapter 7 case based on allegations that the debtor:

• Obtained the discharge fraudulently;
• Failed to disclose the fact that he or she acquired or became entitled to acquire property that would constitute property of the bankruptcy estate;
• Committed one of several acts of impropriety described in section 727(a)(6) of the Bankruptcy Code;
• Failed to explain any misstatements discovered in an audit of the case; or
• Failed to provide documents or information requested in an audit of the case.

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.