Who is not eligible for a Chapter 7 discharge?
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.