3/29/2017

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Denial Of A Bankruptcy Discharge
by John M. Roberts

After going through the time and motions of filing a bankruptcy petition, one of the worst things that can happen is for the courts to deny your bankruptcy discharge.

A denial of a discharge can be for any reason listed in section 727(a) of the Uniform Bankruptcy Code. These reasons include:

  • Perjury and other fraudulent acts.
  • The making of a false claim.
  • The violation of a court order other than an order to respond to a material question or to testify on the ground of privilege against self incrimination.
  • A discharge in an earlier case commenced within certain time frames before the date the new petition was filed.
  • The failure to complete a course on personal financial management.
  • The destruction or concealment of books or records within certain time frames.
  • Failure to provide requested tax documents.
  • The transfer or concealment of property with the intent to hinder, delay, or defraud creditors.
  • The failure to account for the loss of assets.
  • The debtor gave, offered, received or attempted to obtain money, and advantage, or a promise of money for acting or forbearing to act in relations to debtor's property or financial affairs.
  • The failure to explain the loss of assets or deficiency of assets to meet the debtor's liabilities.
  • The debtor is not an individual.

It is in the best interests of the petitioner to follow the rules listed in the Uniform Bankruptcy Code. It is also in the best interest of any debtor who files a bankruptcy petition to seek the council of a qualified bankruptcy attorney.

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