There are numerous reasons why a Chapter 7 Bankruptcy discharge can be denied. Section 727 of the Bankruptcy Code outlines these reasons.
Section 727(a)(2) states that if debtor, with the intent to hinder, delay, or defraud a creditor or an officer of the estate has removed, destroyed, mutilated or concealed A) property of debtor within 1 year prior to filing the bankruptcy or B) property of the estate after filing the bankruptcy, your discharge may be denied.
Section 727(a)(3) states that if debtor has concealed, mutilated, destroyed, falsified or failed to keep or preserve any records from which debtors financial condition or business transactions might be ascertained unless such act or failure to act was justified under all the circumstances, your discharge could be denied.
Of course, there are many other reasons why a discharge can be denied as well. One big one is lying under oath. Now, these are nefarious reasons to be sure.
There are non-nefarious reasons why a bankruptcy discharge can be denied. What happens if you have filed bankruptcy and don’t qualify to file a Chapter 7 Bankruptcy and get a discharge? If that were to happen, the US Trustee’s Office would bring a motion to dismiss your Chapter 7 Bankruptcy case. These limitations can be found in Section 727(a)(8) and (9).
There is a saying in bankruptcy, “honest debtors get a discharge”. If you file bankruptcy, you must be very careful to always tell the truth and be candid on the schedules. The vast majority of debtors are honest and fully cooperate with the trustees. Unfortunately, some debtors don’t act with candor and honesty. They will find themselves without a discharge and continuing to suffer from overwhelming debt.
When the time is right, or when you are ready, reach out to Minnesota’s highest GOOGLE reviewed bankruptcy law firm at www.kainscott.com. You will be so happy you did.