revoke bankruptcy

[ksjane]

What is the name of your state? Kansas

Does anyone know what it means to have your bankruptcy "revoked"? My sister in law filed bankruptcy last year and it was discharged in April of this year. She was supposed to turn over her income tax refund, but did not. She just received a letter from the trustee stating that they were going to "revoke" her bankruptcy. What does this mean and is there anything she can do to avoid this? Other than paying the money back, which is what she intends on doing, only the court date is before she will be able to pay it back. On another note, her friend told her that she also filed bankruptcy 4 years ago and she too was supposed to turn over her refund, however for the past 4 years she has kept it. And they haven't done anything. I know this is kind of vague, but any advice, suggestions, etc... is appreciated. Thanks

 

[Ladynred]

The 'friends' Trustee obviously wasn't very aggressive, while your SIL has screwed up royally. When a BK is revoked its as if it never happened.. you get all the debts back, she's liable for EVERYTHING again AND you're in trouble with the Trustee ! Trustees can revoke a discharge based on fraud or abuse of the system. She needs to call her BK lawyer ASAP and find a way to pay that money before the revocation is granted.

 

[Gracie3787]

The 'friends' Trustee obviously wasn't very aggressive, while your SIL has screwed up royally. When a BK is revoked its as if it never happened.. you get all the debts back, she's liable for EVERYTHING again AND you're in trouble with the Trustee ! Trustees can revoke a discharge based on fraud or abuse of the system. She needs to call her BK lawyer ASAP and find a way to pay that money before the revocation is granted.

I hope that I'm not "hijacking" a thread, but I read the reply and I didn't know that a discharged bankruptcy could be revoked.
Ladynred,
To make a very long story short- my husband's ex filed a chapter 13 bankruptcy and then 3 years later changed to a chapter 7. All of her debts were discharged in Dec 2003.

My husband and I discovered in March 2004 that she had committed some very serious frauds in order to obtain discharge (hiding assets, hiding income, committing perjury etc) my husband and I notified the US trustee and sent documentation of her frauds. Although the trustee was supposed to notify my husband of progress of investigation, he hasn't heard a word from her.

One of the frauds that his ex committed was that she didn't disclose the on-going CS that my husband and 2 other fathers were paying and also didn't disclose the CS arrears payments my husband was also paying.

One year later- My husband's kids are all adults. Due to an injury suffered by my husband, his ex will be recieving a large lump sum payment of arrears.

Would it be possible or advisable for us to notify the trustee of the large sum that his ex will be getting, and specifically ask for revocation so that the CS arrears can be paid to the creditors for my husband's kids' expenses?

If so, would you happen to know the statute number (if any) that allows for revocation? BK was in Georgia.
Thanks for any help.
Gracie