Arizona 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.
Arizona 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.
The Federal process of filing necessarily incorporates state law requirements. These state law requirements are
set forth in statutes, rules and case law opinions which frequently alter the operation of law. As a result of
these precedents, Arizona bankruptcy cases are unique to the state, as well as unique to each individual who
files. All alternatives provided by law may not be available because of differing individual financial histories
or prior case filings.
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