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Denial or Revocation of Discharge

Official Procedure Last Change December 29, 2015

Denial or Revocation of Discharge

  • USC 727, 1144, 1228(d), 1328(e), (f)

  • FRBP 4004, 7001(4)

General Information

In general, a party wishing to seek the denial or revocation of the debtor's discharge must do so by means of an adversary proceeding. Exceptions to this include:

  • If the trustee had previously filed and been granted a Motion to Compromise and/or Settle under Rule 9019 which contained terms indicating that the debtor's discharge be revoked or denied should the debtor default on the terms set out in the Motion.
  • The filing of a Motion Objecting to Discharge for the reason that the debtor is ineligible for a discharge because the current case was filed too soon after receiving a discharge in another case.

See separate procedure for information on getting the discharge reinstated once it has been revoked.

Filing requirements

The filing party must upload a proposed order or judgment. If seeking revocation of discharge, the order/judgment must use "revoke" as the operative verb rather than another term such as "rescind" (which term refers only to reversing orders entered in error).