Chapter 7
Revocation of a Chapter 7 Discharge
A Chapter 7 discharge can be revoked, but only in narrow circumstances set out in 11 U.S.C. § 727(d) — including a discharge obtained by fraud that the requesting party did not know about, or concealed estate property. The trustee, a creditor, or the United States trustee must request it, and § 727(e) sets strict deadlines.
Key points
- Revocation is governed by 11 U.S.C. § 727(d), which lists the specific grounds a court may act on.
- Only the trustee, a creditor, or the United States trustee may request revocation under § 727(d).
- A request to revoke a discharge must be brought as an adversary proceeding under Fed. R. Bankr. P. 7001(d), not a simple motion.
- Fed. R. Bankr. P. 9024 confirms that the § 727(e) time limits cannot be worked around by filing a Rule 60(b) motion instead.
- A revoked discharge means the debts covered by it are no longer discharged, so creditors may resume collection on them.
If you have already received a Chapter 7 discharge, it is not usually revisited. But federal law does allow a court to take it back in specific situations, almost all of which involve fraud or concealment that came to light after the fact. This page explains the grounds, the deadlines, who can ask, and what the process actually looks like.
How does revocation of a Chapter 7 discharge actually work?
Revocation is not automatic and no creditor can do it on their own. Under 11 U.S.C. § 727(d), the court may revoke a discharge only on the request of the trustee, a creditor, or the United States trustee, and only after notice and a hearing. That request is not a letter or a phone call to the clerk. Fed. R. Bankr. P. 7001(d) makes a proceeding to revoke or object to a discharge an adversary proceeding, which means a formal complaint is filed and served, the debtor is a defendant, and the case proceeds much like a lawsuit inside the bankruptcy case. The district guidance is consistent on this point: Bankr. C.D. Ill. official guidance — ILCB Guide to Practice & Procedures (December 1, 2025) states that requests to revoke a discharge previously entered must be commenced by filing an adversary complaint. If the court grants the relief, the discharge order is set aside.
What grounds does 11 U.S.C. § 727(d) allow?
Section 727(d) is a closed list, not a general fairness standard. Its central ground is a discharge that the debtor obtained through fraud, where the party asking for revocation did not know about that fraud until after the discharge was granted. That knowledge element matters: a creditor who knew the facts in time to object before the discharge was entered is in a different position from one who learned of them later. The parallel Chapter 12 provision, 11 U.S.C. § 1228(d), uses the same two-part structure — discharge obtained through fraud, plus a requesting party who did not know of that fraud until after the discharge — which shows how the Code frames this kind of relief generally. Section 727(d) also reaches conduct involving property of the estate and the debtor's obligations to the trustee. If the alleged facts do not fit a listed ground, the request fails on the statute rather than on the equities.
How long after a discharge can it be revoked?
The deadlines live in 11 U.S.C. § 727(e), and they are not the same for every ground. Fed. R. Bankr. P. 9024 describes the structure plainly: a complaint to revoke a discharge in a Chapter 7 case must be filed within the time allowed by § 727(e). The Advisory Committee note to that rule explains that under § 727(e) a complaint to revoke a discharge must be filed within one year of the entry of the discharge or, when certain grounds of revocation are asserted, the later of one year after the entry of the discharge or the date the case is closed. Rule 9024 also makes clear that those periods may not be circumvented by invoking Fed. R. Civ. P. 60(b), so a late request cannot be relabelled as a motion for relief from judgment. Which deadline applies depends on which ground under § 727(d) is asserted.
| Proceeding | Governing section | Time limit as stated |
|---|---|---|
| Revoke a Chapter 7 discharge | 11 U.S.C. § 727(e) | The period allowed by § 727(e) |
| Revoke a Chapter 12 discharge | 11 U.S.C. § 1228(d) | Before one year after the discharge is granted |
| Revoke a Chapter 11 confirmation order | 11 U.S.C. § 1144 | Before 180 days after entry of the confirmation order |
| Revoke a Chapter 13 confirmation order | 11 U.S.C. § 1330 | Within 180 days after entry of the confirmation order |
Can a discharge be revoked for hiding assets?
Concealment is the classic fact pattern behind a revocation request, and the Code treats it seriously in more than one place. Under 11 U.S.C. § 727(a), a discharge can be denied outright where the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate, transferred, removed, destroyed, mutilated, or concealed property of the debtor within one year before the petition date, or property of the estate after the petition date. The same section reaches a knowingly and fraudulently made false oath or account, and withholding recorded information from an officer of the estate entitled to possession. When facts like these surface only after the discharge order is entered, § 727(d) is the route a trustee or creditor uses to raise them. Fed. R. Bankr. P. 4004(b)(2) also lets a party ask to extend the objection deadline where the objection rests on facts that would provide a basis for revocation under § 727(d).
Where do state or local court rules change the picture?
The grounds and deadlines are federal and do not vary by state. What varies is local procedure, particularly around notice and how a revocation complaint may be dropped. Several districts require broad notice before an adversary proceeding to revoke a discharge can be dismissed, so the case is not quietly settled behind other creditors' backs. E.D. Wis. LBR 7026-1 requires 21 days' notice to the debtor, the United States trustee, the trustee, all creditors, and other parties in interest, plus disclosure of any consideration for the dismissal. ILCB LR 7041-1 and S.D. Ill. LBR 7041-2 impose comparable requirements, as does S.D. Ind. B-7041-2. Your local rules and your court's own procedures control the mechanics. Find your court through our courts directory before relying on any general description of the steps.
- E.D. Wash. LBR 7041-1: a complaint for revocation of discharge cannot be voluntarily dismissed without notice to the trustee and the United States trustee.
- S.D. Cal. LBR 7041-3: a dismissal request must include a declaration identifying any monetary settlement or other agreement made as consideration.
- Bankr. S.D. Ind. official page — Tips on Denial, Revocation and "Restoration" of Discharge: sets out the district's steps for seeking denial or revocation, beginning with filing an adversary proceeding.
What does revocation look like in practice?
In most consumer cases the discharge is entered and nothing further happens. Fed. R. Bankr. P. 4004(c) directs the court to grant the discharge promptly once the objection and dismissal-motion deadlines expire and the listed conditions are met, and the Bankr. M.D. Fla. Procedure Manual — Discharge - Chapter 7 walks through the same checklist, including a requirement that no order denying, revoking, or withholding the discharge has been entered. A revocation case begins later, when someone with standing files a complaint. The debtor is served, answers, and the matter is litigated or resolved. Bankr. S.D. Ind. official page — Tips on Denial, Revocation and "Restoration" of Discharge describes settlements in which the debtor agrees to comply with terms — for example remitting funds due the estate — and agrees that a failure to comply can lead to an order revoking the discharge after notice. Outcomes differ case by case, and none of this is a prediction about any particular case.
What documents and information are involved?
Revocation disputes are built on the paper record you created during the case. Your schedules, your statement of financial affairs, your testimony at the meeting of creditors, and anything you produced to the trustee are the baseline against which later-discovered facts get compared. 11 U.S.C. § 727(a) refers directly to recorded information — books, documents, records, and papers — from which a debtor's financial condition or business transactions might be ascertained, which is why record-keeping matters long after filing. You will also want the discharge order itself and the docket. If you no longer have copies, Bankr. D. Md. official guidance explains that bankruptcy records can be viewed and printed at the clerk's office, or accessed online through PACER with an account. Keep everything from the case, including correspondence with the trustee, until well past the periods described in § 727(e).
What should you ask a lawyer about this?
If a complaint to revoke your discharge has been filed, or a trustee is asking questions about assets after your case closed, this is not a do-it-yourself moment. An adversary proceeding has answer deadlines, discovery, and real consequences for the debts you thought were resolved. A bankruptcy attorney can read the complaint against the specific grounds in 11 U.S.C. § 727(d), assess whether the request was filed inside the period allowed by 11 U.S.C. § 727(e), and tell you what a response involves. Court staff cannot do this for you — the U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter guidance states plainly that neither the bankruptcy court nor the clerk's office can give legal advice.
- Which specific ground under § 727(d) is being asserted, and what the party must prove?
- Was the complaint filed within the period allowed by § 727(e) for that ground?
- What is the deadline to answer, and what happens if it passes?
- Are there facts that would support asking the court to dismiss the complaint?
- If the discharge were revoked, which debts would be affected and what collection could resume?
Frequently asked questions
- Can a Chapter 7 discharge be revoked?
- Yes, but only on the specific grounds listed in 11 U.S.C. § 727(d), and only on request of the trustee, a creditor, or the United States trustee after notice and a hearing. It is not something a court does on its own initiative in the ordinary case, and it is not available simply because a creditor is unhappy with the outcome.
- Who can file a motion to revoke a discharge?
- Under 11 U.S.C. § 727(d), the trustee, a creditor, or the United States trustee may request revocation. Despite the common phrase "motion to revoke," Fed. R. Bankr. P. 7001(d) treats a proceeding to revoke a discharge as an adversary proceeding, so it is normally started by complaint rather than by motion.
- How long after a discharge can it be revoked?
- The limits are in 11 U.S.C. § 727(e). Fed. R. Bankr. P. 9024 and its Advisory Committee note describe a complaint to revoke a discharge as due within one year of entry of the discharge or, for certain grounds, the later of one year after entry or the date the case is closed. Which limit applies depends on the ground asserted.
- Can a creditor use Rule 60(b) to get around the deadline?
- No. Fed. R. Bankr. P. 9024 states that a complaint to revoke a discharge in a Chapter 7 case must be filed within the time allowed by § 727(e), and the Advisory Committee note explains that the periods in §§ 727(e), 1144 and 1330 may not be circumvented by invoking Fed. R. Civ. P. 60(b).
- What happens to my debts if my discharge is revoked?
- Revoking the discharge removes the relief the discharge provided. A discharge under 11 U.S.C. § 524 voids certain judgments and operates as an injunction against collection efforts; without it, creditors holding those debts are generally no longer subject to that injunction. The practical effect depends on the court's order in your case.
- Is revocation the same as denial of a discharge?
- No. Denial happens before a discharge is ever entered, on an objection filed under Fed. R. Bankr. P. 4004(a) — generally within 60 days after the first date set for the § 341(a) meeting of creditors. Revocation happens after the discharge order has been entered, and is governed by 11 U.S.C. § 727(d) and (e).
- Does revocation depend on which state I filed in?
- The grounds and deadlines are federal and are the same nationwide. Local bankruptcy rules do affect procedure — particularly notice requirements and what must be disclosed before a revocation complaint can be dismissed or settled. Check your district's local rules and the court's own published procedures.
Sources
- 11 U.S.C. § 727 — Discharge · official source
- 11 U.S.C. § 1228 — Discharge (Chapter 12), including revocation under subsection (d)
- 11 U.S.C. § 524 — Effect of discharge · official source
- 11 U.S.C. § 1144 — Revocation of an order of confirmation (Chapter 11)
- 11 U.S.C. § 1330 — Revocation of an order of confirmation (Chapter 13)
- Fed. R. Bankr. P. 9024 — Relief from a Judgment or Order
- Fed. R. Bankr. P. 7001 — Types of Adversary Proceedings · official source
- Fed. R. Bankr. P. 4004 — Granting or Denying a Discharge · official source
- Bankr. S.D. Ind. official page — Tips on Denial, Revocation and "Restoration" of Discharge
- S.D. Ind. B-7041-2 — Complaints To Deny Or Revoke Discharge: Dismissal Or Settlement
- ILCB LR 7041-1 — Dismissal Of Proceedings To Deny Or Revoke Discharge
- S.D. Ill. LBR 7041-2 — Complaints to Deny or Revoke Discharge: Dismissal or Settlement
- E.D. Wis. LBR 7026-1
- E.D. Wash. LBR 7041-1 — Dismissal of Adversary Proceedings
- S.D. Cal. LBR 7041-3 — Dismissal of Objections to Discharge of the Debtor
- Bankr. C.D. Ill. official guidance — ILCB Guide to Practice & Procedures (December 1, 2025)
- Bankr. M.D. Fla. Procedure Manual — Discharge - Chapter 7
- Bankr. D. Md. official guidance — General Information: Understanding Bankruptcy Glossary of Bankruptcy Terms Glossary of Legal Terms Resources Your Legal Rights Instruction Sheet -- Landlord & Tenant under § 362(b)(22) and (l) Can't afford a lawyer? Court Fees & Costs Forms Filing an Adversary Complaint How to Create a Matrix Examples of Pleading Captions (Templates) Bankruptcy Petition Preparers What is Legal Advice? Attending Hearings Meeting of Creditors Virtual Hearings Access Information and Resources — FAQs What is a certificate of service and who should I serve? View the certificate of service instructions . Am I a debtor? A debtor is person who has filed a petition for relief under the Bankruptcy Code. A creditor is one to whom the debtor owes money or who claims to be owed money by the debtor. How much is the filing fee and how can I pay my fees? Visit the filing fees page for instructions to pay electronically, in person, or by mail. Where can I file? You can file in person at the Clerk's Office, by mail, and through the after-hours drop boxes located in the Baltimore and Greenbelt courthouses; for more information click here . Pro se individuals can submit a Chapter 7 petition for filing through the Electronic Self-Representation (eSR) online tool, which you can access here . When will I get my discharge? We cannot predict when you personally will get a discharge; in a typical chapter 7 case, it could be four to six months after filing the bankruptcy paperwork. How can I get a copy of my discharge? If you need copies of your bankruptcy records, you can visit the Clerk's Office to view and print copies. The cost is $0.10 per page if you print them yourself, or $0.50 per page if we print them for you. You can also access documents online by visiting https://pacer.login.uscourts.gov . You will need to setup an account to view documents online. I got a deficiency notice. What should I do? The Court issues deficiency notices to alert you of problems with documents you have filed. Each deficiency notice will identify the DOCUMENT that is deficient, and describe the PROBLEM with the document. Then, the deficiency notice will explain how to CURE, or correct, the problem. Why is a bankruptcy case on my credit report? The Court does not report information to the credit bureaus, is not responsible for verifying or validating information from consumers' credit files, and does not respond to individual requests regarding credit reports. Bankruptcy filings are publicly available records. For more information, see this Credit Reporting Information . Where can I get the forms for filing? Forms can be printed in our office, or you can print your own . Can I add creditors to my bankruptcy after filing? Yes, there is a $32 fee. See LBR 1007-1, 1007-3 and 1009-1 for filing requirements (See the Local Rules ). Do I have an EIN (Employer Identification Number)? An EIN, or Employer Identification Number is a federal tax identification number that is used to identify a business entity. Not everyone has an EIN. You can learn more about who needs an EIN on this IRS Webpage . Question #4 on the Voluntary Petition for Individuals includes a place for debtors to report whether the individual who is filing for bankruptcy has an EIN. To help clarify some confusion about Question #4, individual debtors should NOT include the EIN for their employer in response to this question (for example: if an individual debtor works for ABC Company, that debtor should NOT include the EIN for ABC Company in response to Question #4). If you have any uncertainty as to how to respond to Question #4, you are advised to consult with competent legal counsel.
- U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify
Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.
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