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Whats The Worst

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    Whats The Worst

    Whats the worst thing that could happen once you've been Discharged? I guess I'm leading up to question(s). I know your case could be re-opened, for whatever reason. (I know the biggest would be IF one were to hit the lottery for a substantial amount - I DIDN'T).

    I had received a new Credit Card back in APRIL 2006 and maxed it out within a few days (due to Gambling). I filed Bk13 in July and ended up converting to Ch7 in October. I'm just concerned, even though what seemed a "lifetime," can the creditor(s) come back and say, "Hey, wait, this person should not receive a Discharge, we just gave them a credit line of $10,000 not long before they filed!"

    Any Input ?

    Thanks, Catchmeifyoucan

    Just feeling like maybe my Discharge is TOO GOOD TO BE TRUE !
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    #2
    They have 60 days from the date of the 341 to file an objection.
    Even if you hit the lottery you're OK. Once you're discharged, about the only way it'll be reopened is if some element of fraud was discovered or you maybe didn't comply with a directive to hand over assets like a tax refund check.

    Comment


      #3
      (d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court shall revoke a discharge granted under subsection (a) of this section if--
      ....(1) such discharge was obtained through the fraud of the debtor, and the requesting party did not know of such fraud until after the granting of such discharge;
      ....(2) the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee;
      ....(3) the debtor committed an act specified in subsection (a)(6) of this section; or
      ....(4) the debtor has failed to explain satisfactorily--
      ........(A) a material misstatement in an audit referred to in section 586(f) of title 28; or
      ........(B) a failure to make available for inspection all necessary accounts, papers, documents, financial records, files, and all other papers, things, or property belonging to the debtor that are requested for an audit referred to in section 586(f) of title 28.

      (e) The trustee, a creditor, or the United States trustee may request a revocation of a discharge--
      ....(1) under subsection (d)(1) of this section within one year after such discharge is granted; or
      ....(2) under subsection (d)(2) or (d)(3) of this section before the later of--
      ........(A) one year after the granting of such discharge; and
      ........(B) the date the case is closed.
      (6) the debtor has refused, in the case--
      ....(A) to obey any lawful order of the court, other than an order to respond to a material question or to testify;
      ....(B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or
      ....(C) on a ground other than the properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify;
      Last edited by bige1030; 01-31-2007, 04:38 PM. Reason: correction - "within 180 days of filing"
      DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

      Comment


        #4
        What if someone gave you $12,000 after your discharge, can they come after that? I mean just as a gift, not an inheritance. This might happen to me and it's making me a little nervous. I was discharged early January and closed last week.

        BTW congrats CMIYC!

        Comment


          #5
          DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

          Comment

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