The Law Offices of Paolo M. Newman, PLLC

CHARLOTTE'S BANKRUPTCY ATTORNEY | 428 E 4th Street, Suite 401, Charlotte, NC 28202

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.

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