Quick answer: Under 11 U.S.C. Section 727(d), the trustee, the United States trustee, or a creditor can ask the court to revoke a Chapter 7 discharge that was already granted - but only on four specific grounds tied to fraud, concealment, or non-compliance, and only within the strict time limits set by Section 727(e). Revocation is different from an objection to discharge, which happens before the discharge is granted.
Objection vs. Revocation - The Timing Difference
The Bankruptcy Code gives parties two distinct opportunities to attack a Chapter 7 discharge, separated by when the discharge is entered:
| Mechanism | Timing | Statute |
|---|---|---|
| Objection to discharge | Before discharge is granted, within 60 days of the 341 meeting | Section 727(a) / Rule 4004 |
| Revocation of discharge | After discharge is granted, within the Section 727(e) limits | Section 727(d) / Rule 7001(4) |
Revocation exists because some grounds for denying a discharge are not discoverable until after the discharge is already on the books. A debtor who concealed an asset well enough to survive the 60-day objection window can still lose the discharge if the concealment surfaces later - subject to the deadlines below.
The Four Grounds for Revocation
Section 727(d) is exhaustive. A discharge can be revoked only on one of these four grounds:
| Ground | What must be shown |
|---|---|
| 727(d)(1) | The discharge was obtained through the fraud of the debtor, and the party requesting revocation did not know of the fraud until after the discharge was granted |
| 727(d)(2) | The debtor acquired property that is property of the estate, or became entitled to acquire it, and knowingly and fraudulently failed to report it or to deliver or surrender it to the trustee |
| 727(d)(3) | The debtor committed an act described in Section 727(a)(6) - refusal to obey a lawful court order, or to respond to a material question, or to testify |
| 727(d)(4) | The debtor failed to satisfactorily explain a misstatement in an audit, or failed to make available documents requested in an audit under the BAPCPA audit program |
The knowledge element on 727(d)(1) matters. Revocation for fraud requires that the requesting party did not know of the fraud until after discharge. A creditor who knew of the fraud during the original objection window, and slept on it, generally cannot use revocation as a second bite.
The Section 727(e) Deadlines - Strict and Short
Revocation is governed by hard time limits in Section 727(e). These are among the most unforgiving deadlines in consumer bankruptcy:
| Ground | Deadline |
|---|---|
| 727(d)(1) - fraud | Within one year after the discharge is granted |
| 727(d)(2) - concealed estate property | The later of one year after the discharge, or the date the case is closed |
| 727(d)(3) - 727(a)(6) act | The later of one year after the discharge, or the date the case is closed |
The one-year fraud deadline cannot be extended by later discovery. Under 727(d)(1), the clock runs one year from the date the discharge is granted - not from the date the fraud is discovered. A party who finds fraud thirteen months after the discharge has, in most cases, already lost the ability to revoke on that ground.
Who Can Seek Revocation, and How
Section 727(d) grants standing to the trustee, the United States trustee, or a creditor. Revocation is pursued as an adversary proceeding under Federal Rule of Bankruptcy Procedure 7001(4) - the same procedural track as an objection to discharge - which means a complaint, summons, answer, discovery, and trial.
Because a closed case may need to be reopened to pursue revocation under 727(d)(2) or (d)(3), a motion to reopen under Section 350(b) frequently precedes a revocation complaint where the case has already closed.
What Revocation Costs the Debtor
If the court revokes a discharge, the protection it provided disappears:
- The discharged debts revive. Debts that the discharge had wiped out become legally enforceable again to the extent the revocation reaches them.
- The Section 524 discharge injunction no longer applies to those debts, so creditors may resume collection.
- The debtor is effectively returned to the pre-discharge position on the affected obligations, having received none of the relief the case was filed to obtain.
Revocation is comparatively rare, precisely because it requires post-discharge proof of fraud or concealment that survived the original case. But it is a real risk for any debtor who omitted an asset and hoped the omission would simply go unnoticed.