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John, Attorney
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What is the difference in the term revoke and set aside in

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What is the difference in the term revoke and set aside in regard to the legal section below? 11 USC § 1328 - Discharge (e) On request of a party in interest before one year after a discharge under this section is granted, and after notice and a hearing,
the court may revoke such discharge only if— (1) such discharge was obtained by the debtor through fraud; and (2) the requesting party did not know of such fraud until after such discharge was granted. The issue in question is about a chapter 13 case. The
trustee has made a motion to set aside a discharge to recover money that was reported in an amended schedule two months before the discharge was issued. I am thinking the terms are synonymous and that the motion would not be granted since no fraud was committed,
but if the terms have different meanings legally then this section might not apply.
Hi, thanks for submitting your question today. Your correct that the terms are synonymous. This is the attorney merely not using the same language of the statute but as you've notices the section 1328 only allows a revoke/set aside/whatever else you want to call it in the event of fraud that was not known by the creditor before the discharge. So you can successfully defend the motion by showing there is either no fraud or that the trustee knew about it beforehand, which should be easy because you've said it was reported in a schedule two months before the discharge.
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