Who is eligible for a chapter 7 discharge?
Any person who is qualified to file a chapter 7 case is eligible for a chapter 7 discharge except the following[1]:
(1) A person who’s been granted a discharge in a chapter 7 case that was filed within the last 8 years.
(2) A person who’s been granted a discharge in a chapter 13 case that was filed within the last 6 years.[2]
(3) A person who obtains court approval of a written waiver of discharge in a chapter 7 case.
(4) A person who conceals, transfers, or destroys property in an effort to defraud creditors or the trustee in the chapter 7 case.
(5) A person who conceals, destroys, or falsifies records of one’s financial condition or business transactions.
(6) A person who makes false statements or claims in the chapter 7 case, or who withholds recorded information from the trustee.
(7) A person who fails to adequately explain any loss or deficiency of one’s assets.
(8) A person who refuses to answer questions or obey orders of the bankruptcy court, either in one’s bankruptcy case or in the bankruptcy case of a relative, business associate or corporation.
(9) A person who, after filing the case, fails to complete the post-bankruptcy financial management course.
(10) A person who’s been convicted of bankruptcy fraud or who owes a debt related to a securities law violation.
[1] 11 U.S.C. § 727.
[2] Unless 70% or more of the debtor’s unsecured claims were paid off in the chapter 13 case.