What to do if Your Bankruptcy Discharge is Revoked
Hi, I'm Matt McArthur, bankruptcy attorney at Clear Counsel Law Group.
Another question that we recently had submitted to us was whether or not a person can file for bankruptcy after the revocation of a discharge and in a prior bankruptcy case. That's a mouthful, so let's take a minute to talk about what that means exactly.
By "revocation of a discharge" - the discharge is the order at the end of the bankruptcy case, that wipes out the debt, or eliminates the debt. Revocation of that discharge means this person had actually gotten to the point in their bankruptcy where they received the order that wiped everything out, the discharge order, and then it was taken away. It was revoked. The question then, as we've broken that down, is can I refile for bankruptcy if in a previous bankruptcy I received a discharge that was taken away or revoked?
Now, generally speaking, as long as there wasn't a court order specifically preventing you from refiling a case, then yes. Filling again another bankruptcy is possible. There's nothing that would prevent and individual from doing that. Once you have had an issue like this, you need to be careful because when you file your new bankruptcy case, the court is going to have access to all the records that were in your prior bankruptcy case. If there were issues that remain unresolved from the previous case, that resulted in the revocation of your discharge, then you may need to address that before you refile for another bankruptcy case.
This can be a very delicate and tricky situation to navigate on your own, and I would strongly recommend meeting with a bankruptcy attorney before refiling a case after a case has been revoked, or previously dismissed.
Please come in and see me, Matt McArthur, Clear Counsel Law Group. You can reach us at 702-476-5900 or you can visit our website, Clear Counsel and we'll get you scheduled for a consultation right away, and I'll give you the best advise possible for your situation.