Discharge

[CATCHMEIFYOUCAN]

Quick question, I know that some debts in Bk are non-dischargeable. IF one has already received a Discharge, wouldn't the courts have decided before the Discharge, which debts you are still obligated to pay back (due to cash advances?)

Thanks, Catchmeifyoucan

[anonymuse]

Could you give an example?

If you're talking about a student loan, they don't need to make any decision--it's just not dischargeable.

[lrprn]

IF one has already received a Discharge, wouldn't the courts have decided before the Discharge, which debts you are still obligated to pay back (due to cash advances?)

According to U.S. Courts' Bankruptcy Basics:
"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; or failed to explain any misstatements discovered in an audit of the case or fails 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."

[from http://www.uscourts.gov/bankruptcyco...discharge.html ]

It looks like even though your case has been discharged, the discharge could be revoked for up to a year if an appropriate cause that can be proved turns up. Sorry the news isn't better

[CATCHMEIFYOUCAN]

Anon

Hi Anon,

I'm just a worry wort ! Think the Discharge is too good to be true, I converted from Ch13 to Ch7 NO ASSET Case, well around my discharge date Jan 8th the Trustee put a notice that I might have assets. I have nothing just the car I had bought a month before I filed and still paying on it (riding through as they say). And I wont be getting any taxes back, I'll owe $4000 to Feds and $120 to State. So I don't know what the Trustee is looking for! So its very annoying to recieve a Discharge with "unknown," Assets over my head. Sure I've won in the casino several times during the Bk Ordeal, BUT I'm still DOWN for the year as far as gambling, I'm at the losing end, so no BIG WINS if you total the year out. I've never lied on any of my applications for credit or consolidation loans. My last major cash advances were in APRIL (I filed in JULY) but you would think they would have caught THAT when I was in Ch13 for the first 3 months as I was paying the Ch13 Trustee back. AND thats another thing, maybe the Ch7 Trustee wants the $700 back the Ch13 Trustee gave me!??? Maybe they should have warned me about that before I gambled it away.

Thanks, Anon

Catchmeifyoucan

[CATCHMEIFYOUCAN]

Well, I feel more relieved about the Discharge than I did before now. My lawyer responded as I emailed him and said I was concerned about "Assets," the Trustee was looking for. My lawyer replied, "Don't worry." He's been real good and honest with me from the beginning so I will take his word!

Catchmeifyoucan