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When a Discharge is not granted in Chapter 7 Bankruptcy

bankruptcy lawyer

 

The court will grant a discharge in a Chapter 7 Patition
if the debtor meets all of the following requirements:

 

The debtor has completed an approved Financial Management Course.  [§727(a)(11), §111(d)]

The debtor has not committed any of the following acts, either (1) in connection with his or her bankruptcy or (2) regarding another case concerning an insider within one year before the filing of the petition or during the case.  [§727(a)(7)]

  1. Transferred, removed, destroyed, mutilated, or concealed property within a year before the filing of the case, or during the case, with the intent to hinder, delay, or defraud a creditor or the trustee. [§727(a)(2)]
  2. Concealed, destroyed, mutilated, falsified, or failed to keep or preserve certain financial records.   [§727(a)(3)]
  3. Knowingly and fraudulently made a false oath, made a false claim, offered or received money for acting or not acting, or withheld certain information.    [§727(a)(4)]
  4. Failed to satisfactorily explain a loss or deficiency in assets.  [§727(a)(5)]
  5. Refused to obey a court order or testify (except under privilege against self incrimination where immunity was not granted).  [§727(a)(6)]
  6. The debtor has not received a discharge under Chapter 7 or 11 in a case commenced within 8 years before the filing of the petition in this case.  [§727(a)(8)]
  7. The debtor has not received a discharge under Chapter 12 or 13 in a case commenced within 6 years before the filing of the petition in this case.  This exception to discharge does not apply if at least 70% of all unsecured claims were paid in the Chapter 12 or 13 case.  (If less than 100% of such claims are paid, plan must also been proposed in good faith and have been the debtor's best efforts.)  [§727(a)(9)]
  8. The debtor has not waived the discharge (in writing, after the discharge, and approved by the court).  [§727(a)(10)]
  9. The debtor has not been convicted of or have pending proceedings concerning a felony, which demonstrates that the filing of the case was an abuse of the bankruptcy code.  [§727(a)(12)]
  10. The debtor not owe any debt arising from:  [§727(a)(12)]
  11. A violation of Federal or State securities laws or regulations.  [§522(q)(1)(B)(i)]
  12. Fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any registered security.  [§522(q)(1)(B)(ii)]
  13. Any civil remedy for racketeering.  [§522(q)(1)(B)(iii)]
  14. Any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.  [§522(q)(1)(B)(iv)] 

Even if a discharge has been granted, the discharge may be revoked if:

The discharge was obtained through the fraud of the debtor.  [§727(d)(1)]

The debtor acquired or became entitled to property which would be property of the estate, and failed to report, deliver or surrender such property to the trustee.  [§727(d)(2)]

The debtor refused to obey a court order or testify (except under privilege against self incrimination where immunity was not granted).  [§727(d)(3), §727(a)(6)]

The debtor failed to satisfactorily explain a material misstatement or a failure to make documents available in a U.S. Trustee audit.  [§727(d)(4)]

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