FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Legal Services | |
Filing for Bankruptcy? Get started now with bankruptcy guides and forms.
Save time and money with a bankruptcy form package today.
www.uslegalforms.com/findlaw/bankruptcy/
|
|
The Debt Discharge in Bankruptcy FAQ
- The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including:
- Failure to provide requested tax documents;
- Failure to complete a course on personal financial management;
- Transfer or concealment of property with intent to hinder, delay, or defraud creditors;
- Destruction or concealment of books or records;
- Perjury and other fraudulent acts;
- Failure to account for the loss of assets;
- Violation of a court order or an earlier discharge in an earlier case commenced within certain time frames (discussed below) before the date the petition was filed.
If the issue of the debtor's right to a discharge goes to trial, the objecting party has the burden of proving all the facts essential to the objection.
In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. As in chapter 7, however, discharge may not occur in chapter 13 if the debtor fails to complete a required course on personal financial management. A debtor is also ineligible for a discharge in chapter 13 if he or she received a prior discharge in another case commenced within time frames discussed the next paragraph. Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.
Q: Can a debtor receive a second discharge in a later Chapter 7 case?
A: The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed. The court will also deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless (1) the debtor paid all "allowed unsecured" claims in the earlier case in full, or (2) the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor's plan was proposed in good faith and the payments represented the debtor's best effort. A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.
From the Administrative Office of the U.S. Courts
FAQs
- What are the advantages of filing for bankruptcy?
- What exactly is bankruptcy?
- Right now, I cannot pay my debts. Besides bankruptcy, do I have any options?
- Are all financial counseling services the same?
- Are there danger signs that I am heading for debt troubles?
Bankruptcy and Debt Resources
| Featured Legal Services | |
|
(818) 501-6161
|
|
Erase Your Debt Today. Fast, Effective, and 100% Free!
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Legal Ace.com offers turn key legal documents at affordable prices for business law, incorporations, trademarks, copyrights, wills, divorce and more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service