Who is not eligible for a Chapter 7 discharge?

07/09/2014

Chapter 7

Is It Time To File for Chapter 7 Bankruptcy Protection?

Generally, the following persons are not eligible for a Chapter 7 discharge:

  • A person who has been granted a discharge in a Ch. 7 case filed within the last 8 years.
  • A person who has been granted a discharge in a Ch. 13 case filed within the last 8 years, unless 70% or more of the unsecured claims were paid off in the Ch. 13 case.
  • A person who files a waiver of discharge that is approved by the court in the Ch. 7 case.
  • A person who conceals, transfers, or destroys his/her property with the intent to defraud his/her creditors or the trustee in the Ch. 7 case.
  • A person who conceals, destroys, or falsifies records of his/her financial condition or business transactions.
  • A person who makes false statements or claims in the Ch. 7 case, or who withholds recorded information from the trustee.
  • A person who fails to satisfactorily explain any loss or deficiency of his/her assets.
  • A person who refuses to answer questions or obey orders of the bankruptcy court, either in his/her bankruptcy case or in the bankruptcy case of a relative, business associate, or corporation with which he/she is associated.
Are you contemplating filing for Chapter 7 bankruptcy protection? it is important to have a thorough discussion with a qualified and experienced bankruptcy attorney.  Are you experiencing financial hardship? Give me a call.  I can help you determine whether filing for Chapter 7 , Chapter 13, or if you need to file at all.  Contact my office today at (937)-318-1529, and let me help you obtain your fresh start for a new tomorrow!