Expert: Terry Leeders - 8/16/2008

Question
Our chapter 7 bankruptcy was filed just before the new laws took effect in October 2005 and was discharged shortly thereafter.  

We have recently received notification from the trustee that based on the information regarding cash on hand at the time of filing that we were obligated to remit a certain amount back to the trustee.  We have moved since filing and had difficulty getting the notices in a timely manner.  We have made some payments and still owe about $250.  A few days ago I received correspondence from the trustee that if payment is not made in full by 08/30, she will file to revoke the discharge.  

My questions are as follows:
Can this be done three years past the discharge?
and
What are my options if the discharge is revoked?  Can those debts be filed again?

Answer
Yes, if you have not paid the trustee, she can in fact bring a motion to revoke your discharge.  You might be able to refile a new case, but it would be more expensive (filing fee is $299) and harder going now with the new laws, as well has having to contend with the revocation as well in the next case.  You should just pay the $230 and get it over with.